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copy  which  may  ba  bibliographically  unique, 
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reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


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Coloured  covers/ 
Couverture  da  couleur 


pn    Covers  damaged/ 


Couverture  endommag^ 

Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculie 

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Bound  with  other  material/ 
ReiiA  avac  d'autres  documents 


D 


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Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  re  liura  serrie  peut  causer  de  I'ombre  ou  de  la 
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Blank  leaves  added  during  restoration  may 
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II  se  peut  que  certainas  pages  blanches  ajoutAas 
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mais.  lorsque  cela  itait  possible,  ces  pages  n'ont 
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L'Institut  a  microfilm*  la  mailleur  axamplaire 
qu'il  lui  a  iti  possible  de  se  procurer.  Las  details 
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modification  dans  la  m^thoda  normala  da  filmage 
sont  indiquto  ci-dessous. 


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Coloured  pages/ 
Pagea  de  couleur 

Pages  damaged/ 
Pages  endommagtes 

Pages  restored  and/or  laminated/ 
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Additional  comments:/ 
Commentaires  supplAmantairas: 


Irregular  pagination  :   [1]  - 156,  [1]  -  77, 81  •  82, 80  - 119,  [I]-  29  p.  Wrinkled  pages  may 
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10X  14X  18X  22X 


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The  copy  filmed  here  has  been  reproduced  thanks 
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first  page  with  a  printed  or  illustrated  impres- 
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The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^(meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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required.  The  following  diagrams  illustrate  the 
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L'exsmplaire  f M  n6  fut  reproduit  grAce  A  la 
gAnArositA  di»: 

La  bibllothdque  des  Archives 
publlques  du  Canada 

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conformity  avec  les  conditions  du  contrat  de 
fllmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  Imprlmte  sont  fllmAs  en  commen9ant 
par  le  premier  plat  et  en  termlnant  solt  par  la 
dernlAre  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustratlon,  solt  par  le  second 
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premiere  page  qui  comporte  une  empreinte 
d'Impresslon  ou  d'illustratlon  et  en  termlnant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaltra  sur  la 
derniire  Image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »>  signlfie  "A  SUIVRE",  le 
symbols  V  signlfie  "FIN". 

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film6s  A  des  taux  de  rMuction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cllchA,  11  est  f  ilm6  A  partir 
de  I'angle  suptrleur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
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REPORT 


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THE  TRIAL 

BRIG.  GENERAL  WILLIAM  HULL? 

COMMANDING 

ov  Tax  "^ 

UNITBD  STATES. 
COURT  MAi&TIjLL 

HELD  Af  ALBAMT 

ON  MONBAT,  3d  JAKUABT,  1814, 

Am 


I  '^^^ 


8U€CEEDIN6  BATS. 

OF  THE  FORTT-SECOND  BEGT.  U.  S.  INFANTRY,  AND  A 
SUPERNUMERARY  MEMBER  OP  THE  COURT. 


NEW-YOBI^v 

PVBXiamUl  BT  XASTBVBN>>^ilt^y  AND  CO. 

AT  T«S  tlXlKABT  SOOHB,  COHirXK  OV   WA»  Jifl9  KAStAr-tmietTI. 

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MAI  AH»  BOWBK.  raiKTZBS 

■I'  -1  ■  ■  -    c        •..  . 

.*•.  X3,  Fletcher  Street. 


B»  IT  Bnoonian,  that  on  the  tweaty-fifth  d«7  of  Jaly,  in  the 

thlrty^lmth  year  of  the  bdep^ndenoe  of  the'  United  States  of 

Amenea.  Eaatbum.  KA  &  Co.  of  the  said  District,  have  deposited 

(t.s)«th«  office  the  title  ofa  book,  the  right  wheieof  tbeydWm  M 

propnetofs,  in  the  words  and  figotes  followiag,  to  wit  • 

"Report  of  the  Trial  of  Brigadier  General  WiUiamHuUicomniaiid. 
uig  the  North-Westem  army  of  the  United  Sutes.    By  a  Court  Martial 

rlnl  f*7n!r  ^^^'  ^  '~"^'  "*^  ^  .ucceeding  day.. 
Tdten  by  Lieut  Col  Forbes,  of  the  43d  regiment  United  StateiMto. 

andaSupemumeiaryllemberoftheCoart'* 

«  A«T^?*?Jl***  ^^'  '^^  Oongtessefthe  Unitel  States. entitled 
Ma^  ^i^'  *^^^J«»»»8«»»t  of  Learning,  by  securing  the  xepie.  of 
J^ps.  Charts. and  Book. to  the  authors  and  ptoprieto«^«,^ie^ 
duruigthetunethewinmentioned.-    And aUoto Aa Act. entitleHS 

Act,.upplanentaiyt6  An  Act.  entitled  An  Act  fcr  the  enLra«*entoC 
le^mng.  by  securing  thecopiesofnwp^  charto  «.dlH)ototo^^li^ 
^  Pjjpnetors  of .uch  copies,  during  the  times  thereh.  mentioned,  and 
extending  the  benefits  thereof  to  the  arU  of  deslminr  attn»^^ 
etq^ghistorictlandotherpriHs."    ""  *"  ***^*  "«~^»  «* 

THEBCW'KUZai^  ' 
Cleik  of  the  District  of  Hew^otic. 


INTRODUCTION. 


In  |resenting  to  die  public  a  report  of  the  TrW  a£ 
WiUiam  Hull,  Esq.  late  a  Brigadier  General  in  the  serWcc 
df  the  United  States,  it  wiU  not,  1  hope,  be  expected*  that 
I  should  offer  any  thing  of  my  own,  in  illustration  of  the 
proceedings  in  justification  of  the  government^  or  in  crim- 
inating or  exculpating  Mr.  HuU.    These  duties  have  beep 
committed  to  abler  ^ands;  my  efforts  have  been  studiously 
ai^lied  to  collect  a  comet  aad  impartial  transcript  of  the 
whole  proceedings  taken  at  first,  with  a  view  of  elucidating 
the  evidence  for  my  own  gpvemance,  should  I  have  been 
called  upon  to  pronounce  sentence.    That  unpleasant  task 
did  not,  however,  devolve  upon  me ;  I  therefore  beg  leave 
to  submit  the  following  sheets  as  «»  A  Report  of  the  Pro* 
"  ceedings  of  a  Court  Martial  h^ld  at  Albany,  for  the 
"Trial  of  Brigadier  General  WiUiam  Hull  of  the  Army 
«« of  the  United  States."  '^  ' 

A  trial  which  has  etcited  such  a  lively  interest  with 
the  public,  was  certainly  entitled  to  my  greatest  attemicn ; 
although  this  has  been  as  far  applied  to  it  as  was  consistent 
with  other  duties,  yet  I  am  aware  that  imperfections  may 
be  discovered  irt  the  collection  and  arrangement,  and  crave 
the  indulgence  of  the  public  accordingly,  in  su|i>mi^iiie 
ttnong  others,  the  following  reasons,  viz : 

General  HuU  would  not  listen  to  any  proposals  for  the 
cqpy  of  the  defence,  which  made  an  application  to  the 
war  department  for  it  necessary,  whence  it  waa  most 
readily  granted. 

The  obliging  promise  of  the  Special  Judge  Advocate  td 
furnish  his  opening  and  summing  up,  has  from  some  inad- 
vertence, not  yet  been  complied  with,  and  is  no  doubt  de- 
lated from  the  multiplicity  of  his  avacatiojDs.    Af  ^ 


publication  of  the  proceeding,  can  no  longer  be  withheld,  in 
TT  *°ru       P""'*^  "P^^^^^ion,   those  productions,  .o 
worthy  of  hiim  may,  on  their  arrivsa,  foi-m  an  additional 
^  appendix. 

In  thus  apologising  for  the  imgular  order  in  which  the 
work  appears,  I  have  to  regret  moreover,  that  I  did  not 
rtjkt  down  verbatim  the  summiag  up  by  the  Honourable 

iv^"*  A  ^T'  **  ^*=*»*  J"^**  AdToeate,  the 
«b,l«y  and  perspxuity  displayed  by  birt  Wttetnporanionslr, 
on  a«occa«on  so  novel  to  Mm,  excited,  I  can  vtn««  to 
*ay,  tht  admiration  of  one  of  the  most  mmieroua  and  ria- 
-pectable  audiences  that  ever  attemfcd  a  court  martid  in  th^ 
\Jtnt6d  States. 

JA1M£S  G.  FORBES, 

«,,      ,,^      .,  3Li*u(i.Col.42dU.S.  Inf. 


ft£^£RENGE& 

Address  by  Brig.  Gen.  HuU, 
Examination  of  Witnesses  on  the  part  of 

the  Prosecution 
Examination  on  the  part  of  the  Accused, 
Charges  against  Brig.  Gen.  Hull  Appendix, 
Documents  op  the  part  of  the  Accused- 
Appendix  No»  2, 
Documents  on  the  part  of  the  United  States, 
Appendix  No.  2,  ^ 


Page  16 
Pagfciai 
P<<ge      1 

Page      J 

Page    as 


TRIAL 


>»' 


t 


,0X  Mondig^  the  Sd  of  January  1814,  the  Members  de- 
tailed by  the  General  orders  of  the  17th  Nov.  1818,  and  by 
subsequent  ones  to  colstitute  the  Court  for  the  trial  of  Brig. 
Gen.  HoU  (vid.  Appendix)  assemble  at  10  o'elock  A.  M.  at 
the  Columbian  Hotel,  in  Albany,  where  Brig.  Gen.  Hull 
attended,  accompanied  by  an  aid  de  camp.    The  names  of 
the  Members  having  been  called  over,  the  acensed  was  ask- 
ed if  he    objected  to  any  of  them~^he    replied  in   the 
negative,  made  a  short  buit  impressive  speech  on  the  oc- 
casion, ^declaring  his  confidence  in  the  honour  of  the  Court 
surrendered  his  sword  and  retired.    The  members  were  then 
sworn,  in  the  order  of  their  rank,  and  were  as  follows : 
Major  Gen&ral  Heitby  Deabbobit,  Fnsident, 

Brisr^en.  Joieph  Bloomfield.  \      fCol.  J.  R.  Fkn%ick,  JirtL  * 

Col.  Mter  Liale,  38M  Rest.  I  jf  X-^Jiobert  JBorardut  4Ut 

Lteut.  Col.  JaHtea  Houte,  ArtL         (  %  \ Satmel  S.  Cemiir  ISth 

-^ Wm.  Scott.  'i6th  Begt.  \  ^  I &  B.  Davi,,  3Qd 

'—  Wm.  Stewart,  38/A  do.  '      ^—  John  W.  Uvingiton,  4,Ut. 

*  Lt.  Col.  J.  Qi  FOBBBs,  42d  Reg;  Swpeimumerary, 
Judge  Advocate,  (special)  Mabtix  Vawbeuben,  Esg* 
Army  Judge  Advocate,  Phimp  S.  Pabker,  Esq. 

The  Court  then  determined  io  adjourn  to  Wednesday  the 
6th  Inst,  to  meet  at  the  Senate-Room,  in  the  Court-House, 
in  the  Capitol. 

2«d  dtt^,  Wednesday  5th,  January,  1814. 
The  court  met,  pursuant  to  adjournment,  at  the  Senate 
Chamber.— Col.  Carberry,  of  the  38th  Reg.  one  of  the  mem- 
bers summoned  to  attend,  appeared  ',  hut,  as  the  Court  had 
neen  organized  previous  to  his  arrival,  was  permitted  to 
withdraw.    Brig.  Gen.  Hull  appeared  ,•  and,  as  the  court 

•  Thi»  gentleman  Uid  not  take  his  seat  imp]  the  6th  diy. 


'ould  not  procccd«fbr  want  of  wltneisei,  (oaly  four  haying 
made  (heir  appearaooe)  again  retired.  After  seYeral  propo- 
sitions  for  adjonrnnieiit*  (he  court  at  length  aiyoumed  to 
meet  at  10  o'clock  A.  M.  oi  Wednesday,  the  12th  January 
at  the  same  place. 

Srd  day,  Wednesday,  12t/i,  January  181^ 

'  The  Court  met,  pursuant  to  adjournment— General  HnK* 
ainieared,  and  proposed  that  Robert  Tilkitaon,  Esq.  should  be 
admitted  as  his  counsel ;  which  was  a^ed  to.  The  Judge 
Adrocate  acknowledged  the  receipt  of  further  dooumentai 
fittm  the  war  department ;  bnt  could  not  proceed  in  the  trial* 
as  not  more  than  four  wftnesses  had  made  their  apiiearanoaa 
The  Court  adjourned  to  meet,  at  the  same  place,  onThurs- 
day,  the  13th  Januai7. 


*fh  day,  Thursday,  isth,  January  1814. 


,  ,',> 


The  Court  met  at  the  Senate  Chamber,  pursuant  to  ad-^ 
jouinment.  Only  Seven  witnesses  having  answered  to  their 
names,  the  cuurC  after  deliberation,  resolved  to  write  tothe 
Secretary  at  war  for  permission  to  adjourn  to  such  ^kie^ 
place  as  the  court  might  think  proper,  or  the  President  might 
prescribe,  as  the  proceedings  were  suspended  for  want  of 
witnesses — ^Adjourned  to  Monday  17th  January. 

5th  day,  JIfondai/,  17fh  Januan/ 1814. 

The  court  met  pursuant  to  adjournment— the  charges 
against  the  prisoner  were  read  ,*  (vide  Appendix)  to  whieli 
(jcn.  Hull  pleadet^Not  Guilty— in  the  usual  form.  It  was 
then  proposed  that  C.  D.  Colden,  Esq.  should  be  the  additional 
advocate  in  behalf  of  the  prisoner,  which  was  granted  by  the 
(tuurt.  The  witnesses  not  having  yet  appeared  in  sufficient 
number  to  enable  the  Judge  Advocate  to  proceed  in  the  trial, 
tfie  court  adjourned,  to  meet  in  the  Hall  of  the  Supreme 
court,  in  the  Capitol,  at  10  o'clock,  A.  M.  on  Wednesday 
the  ld(h  January. 


m      Hih  day,  Wednaiay  19th  January,  1814. 

Hw  Court  met  punuant  to  afQouniineiit— All  the  members 
(roteiitr-Geiieral  Hull  delivered  the  following 

ADDRESS. 

KIR.  PRBSroENT  AND  GENTLEMEN  OF  THE  COURT. 

Thb  court  has  been  pleased  to  admit  that  I  have  a  right  to 
tile  asibtaBee  of  oouniel  in  my  trial— JBut  it  seems  to  be 
quei^ioaed  to  what  extent  I  may  avail  myself  of  that  assist- 
anee— .When  the  members  of  the  court  call  to  mind  the  na- 
ture of  the  charges  which  are  made  against  me,  they  must 
pereeive  how  deeply  the  determhiation  of  this  question  may 
flAct  me.  Among  other  things,  I  am  charged  with  treason. 
The  constitution  deihies  this  crime  to  consist  in  levying  war 
against  the  United  States,  adhering  to  Iheir  enemies,  giving 
them  aid  and  comfort.  As  often  as  there  have  been  trials  for 
treason  under  the  constitution,  the  most  eminent  Lawyers,  as 
wdl  on  the  bench  as  at  the  bar,  have  differed  in  some  opinions 
at  to  what  should  be  considered  as  evidence  of  the  dots 
which  constitute  this  high  crime. 

The  greatest  talents  of  our  country  have  been  exerted  and 
•Khausted  in  debate  on  these  subjects,  and  can  it  be  supposed 
that  I,  who  am  ignorant  of  law  as  a  science,  who  have  no  talents 
for  argument,  should  be  able  to  discuss  before  you  the  testi- 
mony which  may  be  offered  under  this  charge,  in  a  manner 
that  can  do  justice  to  myself,  or  be  satisfactory  to  you. 

But,  Mr.  President,  the  decision  of  this  honourable  court 
on  my  present  application  is  not  only  highly  interesting  to  me; 
but,  as  it  involves  an  important  constitutional  question,  I  can 
not  but  think  it  deeply  concerns  every  member  of  (he  eom- 
mnnity^^The  proceedings  of  this  tribunal  will  be  remembered 
as  long  as  there  is  in  existence  any  history  of  our  country. 
The  rank  and  character  of  the  honourable  members  of  this 
court  will  give  a  weight  and  sanction  to  whatever  they  may 
determiie ;  which  will  be  aprecedent  that  will  licrcafter  have 
the  force  of  authority  On  this  ground,  as  well  as  in  regard 
to  my  own  case,  I  am  anxious  that  the  important  point  noiy 
before  you  should  be  delibei-ately  and  rightly  determined. 


At«hetani!ttiBg,r<li««9urt,»>iMmB»lirei*«iirf|,™rt 
to  ste  e  ho^  ««.  they  .»pfw.d  tlwir  m,a«(  t«  ,«i,t  ^  ^, 

tended.,,  In  answering  m  quertion.  wWeh  it  m.  ««  „. 

^e.«^  woaId.t  tl.at  Ume  ««ur.and  veiUUngftom^heSTp.^ 

what  the,  bel.e,cJ  to  have  been  the  pmetfce  h,  .unibr  ««,. 
.■Voonnsel  angered  that  ibey  ehi™«l  tt.  right  to  ^ 
™«.,ne  the  v-itnesM,  for  the  prweeutio..  to  Swaiw^ 
,v.U  e.„,  and  t.  .peak  „p«.  an,  ,ne.tj«.,.r,,w  •hh*^^ 
anseinthecottPieof  thetrial. 

Bnt,  «r,  myjjonnsel  u|n«  irasiderMiw  aw  emvhKMt.  aiul 
they  have  .ati.fled»e,  that  their  elaim  «a,  tooHmit^*^ 

dento  in  the  legality  and  jus.iec  of  my  «],)„,  demand  Hat  *» 
conn^l  may  be  permitted  „  ,pe,i  ftj  me  r\nf,S^ 
«o«,,  e-ther  in  the  ,«g«„  of  the  ea«»e  or  it,  it.  eo^«Z 
EnlZ  ""   '"-""l  .•»  *"y  ""e  ™.pee,  which  i.  1^^ 

L   ?  •    T  ""^  '"»™  '~'»  »»  «»«a>y-    Bnt  1  rest 

the  chum  I  now  mal;e  ^n  mneh  fJgher  ,„tr«Sty  (Tm 
U«se  wnters.  I  .pp«d  »„  a.  ,„„„,„^,  of  t r^Lt" 
and  I  »»oke  the  spirit  of  reason,  justice,  and  liher^^hM.' 
has  cast  off  from  us  those  otains  which  were  ri^tTrfm^ 
he  ,nial„tan,s  of  the  eld  worM  in  time,  of  th*  ^■ZlZ^ 
.ar.sm,  ,„d  fc;  „,rich  the  writers  on  the  English  criS  W 

I  cxplam  the  e,.,ands  upon  which  I  Bow  make  a  elaim,  «S 
I  have  acknowledged  is  beyond  what  the  rules  estab"  hed  bv 
hose  wnterseo^d  admit,  1  beg  le.™  to  ask  the, Si^^ 
_  ftlie  courc,  while  I  examine  aswcll  the  foundation  on  whfch 
these  rules  rest,  as  their  crtent.  For  upon  th™Ia  er 
l«.nt  it  appeared  to  me,  from  what  pa^S.    thcTsI 

•::T"        h"  """"'u'*"  """  "•'  »»meVereneo  of  oJ^ 

on  among  ti.e  men^bcrs.    Some  gentlemen  seemed  to  Z- 

.se  that  my  counsel  would  only  have  a  right  to  exam"L 

the  wuncsses,  others  Umt  they  would  ha™  I  riBhtXX 

...hate  any  collateral  questions  whie!.  »i„i.,  If?  ^^_'" .'" 

J«t  at  present  is  to  show  that  cren  by  the  practiec'of  E^glJ^ 


R 


f^tiMitXMMi  ud  the  njies  adopted  by  BngHsh  writefs, 
«i»aw:el  liftve  a  rig^M  to  spenk  on  every  c^uestioii  tint  the 
vMi  one,  whetlfcr  the  aoeused  be  guilty^  or  not. 

I  have  said  vi^4  have  none  but  English  anlhorities  oW  thU 
sttl^eet,  and  this  is  eertah^y  trtt#|  although  a  treatise  en  mar- 
tial law  has  been  pubtfshed  in  this  <K>unti^  under  4  liighJy 
ttjspeetabfe  name,  yet  it  will  be  fcand  that  the  work  is  a 
|tt#e  eom^tion  from  foreign  writers,  and  that  the  author 

has  ^^d  not  only  their  ideas,  but,  in  most  instaiiees,  their 
yery  Wopdi,  without  havhig  for  a  moment  reflected  how  ihr 
the  rules  they  establi^shed  were  eonsistent  with  the  rights  of 
personal  seeiirity,  guaranteed  to  us  by  the  constitution  and 
lawsofotreonntry;  and  which.  In  our  estimation,  render  our 
i-^oiidition  so  far  superior  to  that  of  others  of  our  raee. 

Ijhiffl  therefore  confine  myself  to  the  examination  of  tlw 
En^sh  authorities,  because,  when  I  have  examined  these,! 
ehaH  have  examined  all  that  has  been  said  by  our  own  wri- 
tersonthesnl^ect, 

I  must  regret,  Mr.  President,  that  the  researches  of  my 
eounsal  upon  this  subject  have  necessarily  been  s6  eoni^ned. 
In  the  situation  \n  which  we  are  plaecH,  we  could  onlv 
have  recourse  to  a  few  books.      i  ^ 

^M»Art^ur  in  Us  treatise  on  eonrts  martial  vol.  2,  page 
*2,say8,«^,s  likewise  the  practice  at  courts  martS 
to  indulge  thpp;^wner  with  counsel,  or  at  least  amiei 
euriie  (or  friends  of  the  dourt)  to  sit  near  him,  and  in- 
struct  him  what  question,  to  ask  the  witness  with  respect 
to  matters  of  ^ct  before  the  court)  and  they  may  commit 
to  paper  the  necessary  interrogations  which  the  prisoner  may 
give  in  separate  slips  to  the  Judge  advocate,  who  reads 
them  to  the  court,  and  if  approved,  (that  is,  proper  to  be  put,) 
he  mserts  them  litei-ally  in  the  minutes." 

llytfer,  states  that  it  has  been  the  estaljilished  usage  that 
the  accused  are  not  to  be  allowed  to  interfere  in  the  pro- 
feedings  of  a  court  martial  by  pleading  or  argument  of  any 

No  question,  these  authorities  wmiM  rnn«n«  <i,»  ««!„^  -1. 
counsel  to  very  narrow  limits  ,•  and  indeed  if  thc3c  are  the 


d 


proper  limits  ofthe  accused^  it  wouldiiot  be  absnid  to  dei^  tiit 
aceuied  the  assistanee  of  eonmel  altogetter ;  for»  mort  ««• 
tainly,  an  joterferenoe  to  this  extent  would  wfyCTsbaraasft 
and  do  no  possible  good. 

But  the  first  of  these  authors  appeals  to  the^  own  eifU 
eourts  to  warrant  this  practice.  And  tbe^  may  well  eon* 
sent  to  do  so,  because  by  the  laws  oC  England  a  persmi  ac- 
cused of  any  capital  crime  is  not  entitled  to  be  heard  bf 
counsel;  yet  in  these  eases,  says Blaekstene,  (4  eomnientar 
ries  SSB)  *«  The  Judges  never  scruple  to  allow  a  prtHoner 
eounsel  to  instruct  him  what  questions  to  ask^  or  even  to 
ask  questions  for  him,  with  respect  to  ulttert  of  faot.  For  as 
^0  matters  of  law,  si^s  the  learned  and  hunmne  anthor» 
arising,  in  the  trial,  the  prisoner  is  entiiltd  to  the  assistance  of 
counsel."  «  Not  only  upon  the  teials  of  issues  which  d^not  de- 
pend on  the  question  of  guilty  or  not  guilty,  (says  Judge  Fos- 
ter, one  of  the  mosi  learned  Judges  that  ever  graced  the  En- 
glish bench,)  but  upon  collateral  facts,  prisoners  under  a  ei^- 
tal  chai^  whether  for  treason  or  felony,  always  were  entitled 
to  the  fall  assistanee  of  coonscL"  But  if  the  practice  ofthe 
English  civil  laws  are  to  be  a  rule  in  this  snlject,  why 
should  only  a  part,  and  the  most  rigorous  part  of  their  rules 
be  adopted  ?  why  not  permit,  counsel  not  only  to  examine  wit- 
nesses, but  speak  upon  law  points  as  they  may  do  in  tho 
English  criminal  courts.  I  can  not,  however,  Mr.  President^ 
admit  that  the  practice  of  either  the  civil  or  mUitary  courts 
of  a  Government,  so  different  from  ours  in  every  tiling  which 
is  a  security  for  the  rights  of  persons  and  of  civil  liberty,  are 
to  Iwt  a  rule  for  your  government.  *  ■ 

Every  commentator  who  has  written  on  this  subject  has 
blushed  for  the  absurdity  and  barbarity  of  the  reasons  on 
which  this  exclusion  is  lounded.  Speaking  of  this  rule* 
Blackstone  says  « It  is  a  rule,  which,  however  it  may  be  pallia- 
ted, seems  not  of  a  piece  with  the  rest  ofthe  humane  treatment 
of  prisoners  by  the  English  law.  For,  upon  what  fhee  of 
reason  can  that  assistance  be  denied  to  save  the  life  of  a  man^ 
which  is  allowed  him  in  every  petty  trespass  ?"«— Christian 
in  his  notes  in  Blackstone  says,  «  It  is  \evy  extraordinary 
the  assistance  of  counsel  should  be  d^ied  when  it  is  wanted 


» deaf  tilt 

nubamuw 

ewnei^l 

pertMiae- 
heard  bf 
onuiieiitar 

r  even  ta 
it.  For  as 
e  author^ 
ilstaoeeof 

dOAOtdiB- 

idgeF<M> 
MitheEn- 
leraea|il- 
«  entitled 
lieeofthe 
jeet,  why 
lieir  rules 
mine  wit- 
do  in  the 
i*resident, 
17  courts 
ingwhieh 
^erty>are 

bject  has 
lasons  on 
his  rule* 
bepallia- 
reaiiment 
t  fliee  of 
of  a  maut 
Dhristian 
tordinarj 
I  wanted 


^8|*— tl|&(  is  when  itiswanted  to  f|efen,d  tl|e  life,  tlie ,|iO^- 
<^arai|d  all  ti^  property  of  an  indJviduai.'^—The  censm  es  pf 
jnrtge  Bhiekstpne  on  this  inhuman  rule  of  the  English  law, 
have  heen  quoted  by  M'Arthur  liimself,  and  are  given  as  j»n 
iHtruduetion  to  the  rule  which  he  ailopt^    But,  indeed,  as  if 
a^hamod  of  the  rule,  and  as  if  even  the  pracjlice  of  the  English 
eeiprts  would  not  be  sufficient  to  sanction  it,  he  refers  us  to  th^ 
pl^otice  of  the  Egyptians,  and  cites  them  as  an  authority  for 
the  r»*B  J  and  I  think  sir,  he  may  well  have  done  sp^  for 
probably  there  wasless  despotism  and  barbarism  in  Egypt  than 
there  was  in  England,  in  those  times  when  this  rule  wqs 
adopted,  and  when  a  prosecution  by  the  crown  was  in  eflRjqt 
a  sentence  of  death,  and  when  the  object  was  to  guard 
alpainst  every  interposition  between  the  accused  and  the  sworil 
of  the  King. 

Are  we  then,  Mr.  President,  in  this  country  to  be  governed 
by  rules  whieh  are  derived  from  such  a  source,  and  have 
i^ginated  ui  such  motives  ?  Shall  we  adopt  rules  at  which 
the  sepse,  reason  and  humanity,  of  all  mankind,  since  the 
<^vilization  of  the  world,  have  revolted  ?  I  ask  these  ques- 
tions with  a  confidence  that  the  members  of  this  honourable 
court  when  they  have  considered  them~(and  I  pray  that 
they  wilHake  time  to  consider  them)— will  answer  them  ip 
the  negative. 

But,  Mr.  President,  I  make  a  higher  appeal  upon  this  oc- 
casion than  to  English  writers  or  English  practice :  I  appeal 
to  the  constitution  of  our  country  ;  and  if  you  do  not  find  my 
claim  sanctioned  by  the  letter  of  that  instrument,  I  am  sure 
you  will  by  its  spirit,  which  I  know  must  govern  the  delibera- 
tions and  decisions  of  this  honourable  court By  the  amend 

ments  to  the  Constitution  it  is  provided  that  in  all  criminal 
prosecutions,  the  accused  shall  ci^oy  the  right  to  have  the 
assistance  of  counsel  fprhis  defence.  I  know  well.  Sir,  that 
if  this  provision  be  taken  in  connoetion  with  the  context,  and 
the  instrument  be  construed  according  to  the  technical  rules 
of  law,  it  will  be  considered  as  applying  only  to  civil 
prosecutions— But,  upon  this  occasion,  and  in  this  honourable 

QOHrt.     I    look    i'ftV     a    tliannaUinn    iUnt     d.oll     4 1-     

4>rofes8ioflal  quiblings.    For,  by  minds  that  are    able  to 

B 


10 

««|tafttte  and  feel  the  itafliienW  of  the  rays  of  tnrtE  a«il 
justice,    hoiveTer  they   may  be  obsonted   by  wopda   and 
forms,  when  it  was  provided  that  the  Accused  should  have 
the  benefit  of  counsel,  how  can  it  be  supposed  that  it  was  in- 
tended to  confine  this  provision  to  Kceusations  before  a  eivi! 
court.    Is  there  any  reason  that  ean  Ikpply  tO  the  admission 
of  counsel  before  a  civil  tribunal,  that  does  not  appty  to  a  mlli- 
taiy  court  ?    It  is  not  to  be  supposed  that  the  judges  of  a 
civil  court  are  less  learned,  less  honourable,  op  kss  hainiuie^ 
than  those  of  any  other  tribunal.    It  is  as  mueh  their  duty 
to  be  counsel  for  the  prisoner,  as  it  is  the  duty  of  the  Judge 
advocate  or  of  the  members  of  this  court  to'dischaige  that 
charitable  office.    Can  it  then  have  been  the  intention  of  the 
constitution  that  counsel  should  l>e  admitted  in  the  one 
case  and  not  in  the  other  ?   In  the  passage  before  quoted. 
Judge  Blaekstone  says,  «  upon  what  face  of  reason  can  that 
assistance  be  denied  to  save  the  life  of  man,  which  yet  is  al- 
lowed him  for  every  petty  trespasss?"     May  I  not  ask  upon 
what  face  of  reason  can  that  assistance  be  denied  to  save 
the  life  of  man  before  a  military  court,  which  yet  is  allowed 
him  before  every  other  tribunal  ? 

Let  me  once  more  beg  to  turn  the  attention  of  the  court  to 
the  English  writers,  from  whom  the  rule  now  under  consid- 
eration is  derived.  I  think  an  inconsistency  of  their  reasoning 
will  be  most  manifest.  Mr.Tytler  in  his  treatise,  page  221,  in 
advocating  the  propriety  of  allowing  counsel  to  suggest  inter- 
logatoi  s  to  the  witnesses, says,  «  This  benefitthe  court  wiU 
never  refuse  to  the  prisoner,-  becauseiin  those  unhappy  circum- 
stances, the  party  may  either  want  ability  to  do  justice  to  his 
own  cause,  or  may  be  deserted  by  that  presence  of  mind  which 
may  be  necessary  to  command  or  bring  into  use  such  abili- 
ties as  he  may  actually  possess."  I  feel,  Mr.  President,  in 
Jts  full  force  the  jusUce  of  this  reasoning.  I  feel  that  I 
may  want  ability  to  do  justice  to  my  own  cause,  and  with  the 
sensations  which  the  accusations  now  before  you  excite,  it 
jnay  be  that  I  shall  be  deserted  by  that  presence  of  mind  which 
might  commander  bring  into  use  what  abilities  I  have.  But, 
vhy  does  not  this  just,  sound,  and  humane  reasoning  apply  to 
- .— ^.  — g-  „,  „.^  i«w3V5;u4iWH  m3  ncaas  10  me  exautiualioa 


11 


of  wUnesBes  ?  Dpes  it  require  lees  abiliUes  or  less  preseaoe 
of  mind  to  argue  the  questions  which  may  be  presented  to 
jq\l:  to  discuss  for  instanee,  what  may  or  may  not  be  tre%.. 
son  under  the  constitution  and  laws  of  the  United  States; 
and  finally  to  arrange  and  sum  up  the  mass  of  testimony, 
whieh*  from  the  number  of  the  witpesses  who  have  been 
called,  itmay.bjB  presumed  will  be  offered  to  you,  than  it 
does  to  put  questions  to  the  witnesses. 

Another  reason  assigned,  why  the  aooused  before  a  court 
inartial  should  not  ^ave  the  full  benefit  of  professional  aid, 
is  that  the  ffudge  advocate  is  supposed  to  be  of  counsel  for 
the  prisoner.  The  judges  of  the  American  law  courts  are 
equally  bound  to  counsel  those  who  are  accused  before  them. 
And  yet  the  aid  of  counsel  before  the  civil  courts  has  been 
thought  a  right  worthy  to  be  secured  by  the  great  charter  of 
our  liberties.  But,  sir,  our  military  code  has  defined  how 
far  the  judgpe  advocate  is  to  consider  himself  as  the  counsel 
for  the  aceused.  By  the  59th  article  of  war  it  is  provided 
that  the  judge  advocate  «  shall  so  far  consider  himself  as 
9oun^elfor  the  prisoner,  after  the  prisoner  shall  liave  made 
his  plea,  as  to  object  to  any  leading  question,  to  any  of  the 
Avitnesses,  or  to  any  question  to  the  prisoner,  the  answer  to 
which  might  tend  to  criminate  himself.**  If  this  be  the  extent 
of  the  duty  of  the  judge  advocate  in  respect  to  the  prisoner, 
let  me  entreat  you,  Mr.  President,  and  the  honourable  mem- 
bers of  this  court  to  consider,  how  far  the  assistance  which 
I  have  a  right  to  claim  from  the  judge  advocate  must  fall 
short  of  that  aid  which  I  may  require  on  this  occasion. 

I  shall  trouble  the  court  with  the  consideration  of  only  one 
other  reason,  which  has  been  urged  for  not  permitting  be- 
fore courts  martial  the  full  aid  of  counsel.  It  is  said  by  Mr. 
Tytler,  page  811^  that  this  «  aid  is  not  requisite  before  these 
courts,  because  they  are  in  general  composed  of  men  of  abili- 
ty, and  discretion."  Certainly,  sir,  this  reason  applies  with 
its  fullest  force  upon  this  occasion.  Is  it  iiot  also  to  l»e  sup- 
posed, that  generally  the  judges  of  the  civil  eeiris  are  like- 
wise men  of  ability  and  discretion?  and  if  tUisn^ii  a  will  ap- 
ply to  exclude  couns<^l  in  the  one  ea^se,  why  does  it  not  in  <ho 
Mr.  Fixjsiucnt,  the  miiitaiy  couils  of  Kngiawl 


4.U  iUV« 


it 

Jiave  taken  thia  rule,  an  they  have  most  of  their  othei'  rwlei 
finr  oonductlDg  prosecudong,  from  the  practice  of  their  civfl 
courts.  ^But  the  eonstitiitioa  haviar  in  this  respect  fehanged 
the  practice  of  our  civil  eourts,  is  it  not  raasohable  aM  Idst 
fliat  our  militai^  tribunals  should  conform  their  practice  i^ 
the  practice  of  our  civil  courts?  But,  «lr,  whatevor  reasons 
may  be  urged  to  exclude  professional  aid  on  the  part  of 
the  prisoner,  let  me  ask  with  great  respect,  why  thty  wffl 
not  equally  apply  on  the  part  of  the  proseeution-^id  yet 
It  is  most  evident  that  the  officers  of  the  Government,  who 
Ijave  mstitutcd  this  proseeuUon,  have  not  felt  tke  foree  of 
ihoset-easons:  Iftheyhad,  they  wouW  have  left  the  prosecu- 
tion to  be  conducted  by  the  military  prosecutor_and  yet. 
«ir,  you  see,  to  ihe  charges  which  have  been  drawn  up  against 
me,  the  nam©  of  one  of  the  most  eminent  coansel  in  the 
United  States  :  and  I  find  enlisted  against  me,  in  aid  of  the 
iiiHitary  Judge  advocate,  a  professional  Gentleman  of  this 
State  not  less  distinguished  for  his  talents.    If  technical 
learning  18  to  bo  excluded  upon  these  occasions,  how  ddes  it 
happen  Miv  President,  that  the  charges  now  before  you  ai^O 
obscured  by  such  pn  abundant  verbiage,  and  distorted  to  so 
ihany  different  forms,  that  it  is  almost  impossible  for  any 
but  a  professional  man  to  nnderstand  them  ?— I  hone  sir 
tliat  there  are  no  courts  in  our  Country  whether  civil  op 
imhtary,  however  otherwise  it  maybe  in  England,  where 
thet.  IS  one  rule  ol  jusUee  for  the  prosecution,  and  a  Wrent 
otiofor  the  accused~^s  to  the  practice  in  thisConntiy  I  can 

Z  ^i'!  K  .  ^^"""^^^^'''^^^^to^^o^^^y  eounseltoforms 
mo  that  he  has  been  engaged  as  counsel  for  the  prisotlep 
before  two  naval  courts  martial ;  and  that,  in  both  instances, 
he  «^s  allowed  to  interrogate  the  witnesses  and  to  argue  all 
questions  which  arose,  as  fully  as  he  might  have  done  m  i 
ciyil  court.  He  d.dnpt  ask  to  be  permitted  to  sum  up  the 
evidence,  because  he  ae«,uicsced  in  the  authority  of  the 
Knglish  writei^ ;  but  which  he  now  believes,  for  the  reason, 
I  Imye  assigned,  ought  not  to  govern  in  this  6otintry. 

Mr.  President,  my  Wb,  my  character,  every  thing  that  is 
dear  to  me  in  this  world  is  at  stake.    ?  have  not  ability  tq 

iu-iiv-v,  HBUiaaity,  me  con- 


iQiannge  my  owtt  eaiise* 


m 

«tRtaflo«  «ml  the  laWbf  myt^trj,  gi^  «e  a  right  ta 
pwfessimial  aid  iik  its  ftiUest  extent ;  m^l  prt,y  to  be  ifcrmit- 
ted  by  the  court  to  avail  myself  of  it. 

I  be^  teave,  Mf .  Pre»ldent>  to  add  a  few  woiUs  befeN)  I 
rcttve  thk  iutei^trtiDg  qimtintn  u  ite  «oi^hieratiM  t»f  tte 
coiirt.    Th5*%h  iir,  a  sehse  «f  my  wnlnatoaity  for  »» 
ecetoiy  of  this  liihA,  maken  me  teawestly  wtt^itous  <o  be 
IteniiiWed  Ito^tiiil  wygdf  tftf  the  fuH  aid«f  counsd  j  yet  1  can. 
ndt  coirtteive  thAt  the  natin^  *f  the  te»tiinonV   wiH  be 
««*  M   td^j^  wie  desii^o  the  hiterposHion  ef  my  coan- 
itl;   m  I  have  every    reman  to.  et^ieot  t^oin   all  I 
,  Ur^  <»bjerved,  th»  iitfacm  liberality  and  candiMirftom  tlte 
judge  advocate :  The  court  may  be  assured  that  it  is  neither 
my  intention,  nor  the  intention  of  my  counsel  to  occupy 
the  time  of^the  cdttrt  by  thfetMseusiion  of  legal  sirtrtllties,  or  to 
m^ketechniele  objections,  Ipromisethe  court  that  I  shall  not 
if  it  sheidd  bb  In  m:y  power  nuke  atiy  oloeetitms  te  mattersof 
form  of  any  kihd,norHJhttiMwiffi5i.  my  couffSftlto  make  them. 
I  stand  uikiin  fcafy  imteecnde,  and  all  1  wish  Is  a  fair  tfppoftit. 
nity  to  prove  it.  I  have  already  suiTered  toonuch  in  my  feel- 
ings,  and  in  my  character  by  the  delays  which  have  taken 
place,  to  wish  to  postpone  for  «  moment  the  final  decision  of 
pycase. 

Permit  me,  Mr.  President,  to  avail  myself  of  this  opportu- 
nity to  iUahe  a  suggestion  ^vhieh  is  not  cMttected  with  the 
subject  of  the  foregoing  address,  biitwhi^h  i«  baldly  less 
interedtirtg to  me.  J  am  rea«y  formy  trinl-Imn  an&k>tts  that 
It  should  proceed.  But,  silr,  if  the  trial  \vere  to  eommenee, 
and  If  the  court  after  hi^ving  examined  in, publie  some  of  the 
^tnessesfdr  the  prosectitfoii,  should  then  adjoul-o  for  any 
length  of  time,  the  coul<  will  perceive  that  it  would  be  the 
utmost  hardship  wpon  me.  The  testimony  here  «^nly  given 
against  me  would  be  abroad,  and  would  make  its  impression 
on  the  public  mind;  whiie  the  examination  of  exculpatory 
testimony  would  bfc  deferred  to  a  distant  day.-^I  have  already 
too  severely  felt  the  effects  of  public  prejudices,  and  exparte 
relations,  not  to  wi«h  that  no  farther  opportunity  may  be  giten 
lor  them.~.I  hope,  therefore,  that  it  iiill !«%  ,.r.rfM«*«».i  k„ 
the  court,  whett  the  Jud^  adVocate^onvmences  (ho  fHal,  that 


if 

ki  M'may  to  proceed  with  it,  and  that  the  progrem  of  the 
eauM  is  not  to  depend  on  the  arrival  of  witnesses  who  may 
be  absent. 

The  eourt  agreed  to  deliberate  upon  the  sulgeotof  this  ad- 
dressy  aid  evineed  a  disposition  to  indulge  the  ^isoaer  as  fiur 
as  their  duty  to  the  publio  would  admit.  The  court  was  ao- 
eordingly  cleared,  when  the  address  of  Gen.  Hull  was  read 
and  considered.  Upon  its  being  again  opened,  the  opinion 
•f  tlM  eourt  was~ju  that  the  oommunieations  by  the  prison- 
er's counsel  should  be  mad&  in  writing  through  the  accused." 

Lt.  Col.  Forbes  took  the  necessary  oaths,  and  was  admitted 
to  a  seat ;  after  which  the  eourt  adfjoumed  to  Wednesday, 
26th  Jan. 

Seventh  day,  Wednesday  26th,  Jan.  1814. 

The  eonrt  met  pi^rsuant  to  a^umment,  all  the  members 
being  present  The  special  Judge  advocate  (the  Hon.  Mar- 
tin Yanbenren)  addressed  the  court  on  q^ning  the  case,  and 
read  the  following 

DOCUMENTS. 


The  order  <tf  arrest,  by  Adjutant  General  Cushing  against 
Brig.  Gen.  Hull. 
'^'Hie  discharge  from  parole  of  Brig.  Gen.  Hull  by  Col. 

Barclay,  British  agent  for  prisoners. 
^"^Ijetters  from  the  Inspeetor  General  A.  Y.  Niooll,  Nos.  1, 
2,  3,  from  the  war  department,  detailing  the  officers  to 
compose  the  court  martial  for  the  trial  of  the  accused. 
A  letter  from  Brig.  Gen.  Hull  to  the  Secretary  of  war, 

dated  3rd  April*  1809. 
A  letter  iirom  the  same  to  the  same,  dated  2fith  March,  1812. 
Two  letters  from  the  Secretary  of  war  to  Gen.  Hull,  both 

of  April  9th,  181 2. 
Two  letters  from  the  same  to  the  same,  dated  2Srd  and 
29th  May,  1812. 

A  lettpip  frnm  ihe>  onniA  in  iliA  aninA.  dated  i6ih  Jun«.  1812. 


io 

Two  letters  from  the  same  to  the  same.    Datetf  isth  Jlue 
1812.  ' 

A  letter  from  the  same  to  the  same.    Bated  24th  June. 
1812. 

Two  letters  from  the  same  to  the  same.    Dated  Snd  aad 

26th  July,  1812. 
Three  letters  from  the  same  to  the  same.    Dated  l«th 
andlQth  July  and  lith  August,  the  receipt  of  which  was 
not  acknowledged  l>y  Gen.  Hull.  .  '^   , 

Contract  for  provisions.    Dated  8th  August,  1812. 
A  letter  from  Brig.  General  Hull  to  the  secretary  of  war. 

Dated  17th  April,  1812. 
Two  letters  from  the  same  to  the  same.    Dated  Ktsbunr. 

26th  and  28th  April,  1812. 
A  letter  from  the  same  to  the  same.    Dated  Marietta 

8rd  May.  * 

Three  letters  from  the  same  to  the  same.    Dated  Cinein- 

nati,  8tb,  isth  and  17th  May,  1812. 

A  letter  from  the  same  to  the  same.    Dated  DaTton 

2Srd  May,  1812.  '     ' 

A  letter  from  the  same  to  the  same.    Dated  Camn  Meies, 

26th  May,  1812.  *^ 

The  speech  of  Gov.  Meigs  to  the  army  of  Ohio.     Dated 

25th  May,  1812. 
A  letter  from  Brig.  Gen.  Hull  to  the  Secretary  of  war. 

Dated  Dayton,  2Srd  May,  1812. 
A  letter  from  the  same  to  the  same,  dated,  Staunton.  3rd 

June,  1812. 
Four  letters  from  the  same  to  the  same.    Dated,  Urbana 

9th,  11th,  12th,  and  13th  June,  1812. 
A  letter  from  Lieut.  Col.  Miller  to  the  Secretary  of  war. 

Dated,  Urbana,  12th  June,  1812. 
A  letter  fron.  Brig.  Gen.  Hull  to  the  Secretaiy  of  war, 

Dated,  Urbana,  I7th  June,  1812. 
A  letter  from  the  same  to  the  same.    Dated  Camp  Neees- 

sity,  24th  June,  1812.  ^ 

A  letter  froin  the  same  to  the  same.    Dated  Fort  Finlav. 
26th  June,  1812.  ^ 

Seturu  of  the  forceof  the  army  on  mh  June,  isrs. 


m: 


0 

4l9^t^r  i'j^m  B.  Gen.  HmU  tq  the  Sepreti^rj  of  wf^.    Oa- 

ted,  2ith  June,  1812. 
Two  letters  from  the  %mo  Iff  thp  same.    Dated,  Iletroit, 

7th  and  9th  July,  1812,  (the  latter  nof  read.) 
A  letter  from  the  saine  to  the  sanne.    Dated,  Sai^f|wicb, 

Uppet*  Canada,  13th  July,  1812. 
A  prooUmation  by  »rig,  General  DiOl,  4atea  I2tb  Julyj 

1812.    Publi8hed  20th  July, 
Four  letters  from  Brig.  Gen.  Hull,  |o  the  Secretary  of 
war.  Dated  Sandwich,  9th,  10th,  14th,  and  19th  July,  1812. 
A  letter  from  Col.  Cass  to  B.  Gen.  Hull.    Dated  17th 

July  1812. 
Eight  letters  from  B.  Gen.  Hull  to  the  Secretary  of  war. 
Dated  Sandwich,  20th,  2l8t,  22nd,  28th  anjl  29th  July, 
aad  4lh,  7th  August,  1812. 
A  letter  from  the  same  to  the  same.    Dated^  Detroit,  8th 

August,  1812. 
Articles  of  capitulation.  Dated,  Deti'oit,  leth  August,  1812. 

and  supplementary  articles  of  the  same  date. 
A  letter  from  B.  Gen.  Hull,  to  the  officer  commanding  at 

the  Rapids.    Dated  17th  August,  1812. 
A  letter  from  Major  Gen.  Brock  to  Brig.  Gen.  Hull.  Da- 
ted 15th  August,  1812. 
A  letter  from  Brig.  Gen.  Hull  to  Major  Gen.  Brock. 

Same  date,  in  reply. 
A  letter  from  Brig.  Gen.  HuH  to  the  Secretary  of  war. 
Dated,  Detroit,  ISth  August,  1812. 
''   Two  letters  from  Brig.  Gen.  Hull  to  the  same.    Dated 
Montreal,  8,  and  26th  Sept.  1812. 
After  which  tlie  court  adjourned  to  the  next  day. 

Eighth  day,  Tlmrsday  27th  Jan,  1814. 

The  court  met  pursuant  to  adjournment;  when,  finding 
that  many  of  the  witnesses  appeared,  it  determined  to  pro- 
ceed: upon  which  the  Judge  advocate  called  upon  Brig.  Gen. 
Lewis  Cass  ,•  who,  being  duly  sworn,  was  proceeding  with 
his' narrative,  when  a  member  of  the  court  suggested  the 
propripfy  of  all  other  persons  present,  who  had  been  sum- 


/ 


iiioHed  as  wltaesMs,  being  directed  to  reUre  during  tlielb^ 
timination :  No  ol^eetions  to  tlieir  prcMnee»  however,  were 
iiiade  on  the  pArt  of  the  priaoner,  and  ilhe^  were  permitted 
Ito  remain.   Odnelral  Cass  proceeded  in  his  evMetice,  and  iti^t- 
bd,  that  he  was  Vith  the  north-western  army  at  Dayton* 
and  had  eomniand  oif  the  Sd.  Regt.  of  Ohio  mililL^—that  the 
krmy  was  jollied  MVrbana,  by  the  4th.  ^egt.  of  V,  8.  tilfkn- 
try,  under  Cdlonel  MinfBr,-..4hat  ho  (witness)  arrived  at  the 
Mianii,  to  the  29th  or  30th  JuiM.    That  he  never  saw  Gen. 
HuUdiseiplining,  reviewing,  6r  hiaiUEuvering  the  troops  in 
any  way  from  their  arrival  at  DetioU  to  the  time^of  snrron- 
Uer.    That  orders  were  issued  i  hut  that  he  does  not  know 
whether  there  was  an  otAtrty  b6olt  or  not.    That  he  was  at 
the  rapidi  when  (General  Hull  hhreda  boat  about  ilie  ist,^ uly  - 
that  h«  ddes  not  know  that  General  Hull  had  a  knowledge  of 
the  war  having  been  declared  ,*  and  that  he  had  not  had  anw 
conversation  with  General  Hull  previoui  to  thai  dme,  wht^ 
could  induce  General  Hull  to  believe  that  war  was  deekred-. 
that  he  does  not  knnw  what  ^aper^  were  in'the  boat~thatabon« 
40or  50  men,  invalid%hi«  (witncftieti)  6wn  sei'vant,  aadpartblf 
his  baggage  were  in  iti  That  he  did  hot  ekanlne  the  fort  aTjbe- 
troit  very  acburatoly,  but  thhiks  that  sbme  of  the  einhrasuiek 
wercdefeeUve  and  wanted  repair,  and  that  thepUitfoiinslrera 
insomemeasutedefcctivci  Thathediiesniitieeollecttheiruns 
and  gun  carriges.  That  the  picketing  was  hi  i«nlkriuibly  g6o4 
order,  and  as  good  as  he  evet  sbw  |  and  that  he  ne W  saiTany 
repairs  made  either  before  or  after  the  army  weni  into  Cana- 
da.    That  the  troops  passed  over  inttt  Canada  ed  the  12th  oc 
16th  of  July  (he  could  not  he  precise  in  thd  time)  and  eon^ 
«i8ted  of  nearly  the  whole  of  the  force,  eiCcptlng  inTalids  an<| 
about  100  men  of  the  drafted  millthi  of  OWh-fliat  theylandedl 
iJi  good  order  at  Amherstburgh,  nt  about  eighteen  miles  dis- 
tance J  and  that  the  main  body  of  the  army  leUT  Canada  about 
ihe  8th  Augusti  abitfut  i5onrsoo  men  rendHnii^in  thelc 
*nigu,al  position  fiwtwo  or  three  days,  in  m  stoekaS  bulk  on 


I     ~ ,  -      «»     .  "•"'  ■^""•""w  K*wa  iw  v»en.  if  nu  hv  the 

uf seitors,  who  came  oter In  hUndreci^.-Gcneral  Ca*s  further 


t. 


^X^' 


Xr.Tj^fi? ,??*,'?'"«•<»«•.    but  not  >    nnm... r^. 


i 


;!!Wr  »JW  "I?  »rtU«I.,  orn»t:  but  that  n«  I«. 

•ft,*  iS- ''"-  ^^    ^^  "Wmporlant  inacourMied-Ti^ 

ui"jVS.*^*i^^^'''  Ww-WkiijI.    No  Mdoobt  wa.Ur«„B 
iiUf  l.S'"»"l*  V«"«««d  i.  tb.  „ap.     Cm 


Ha 


N» 


them— that,  M  to  o,^  ia;-  ?4  •  T  •  ^  "'*^ii  left 
>m«  b«n  «<eft»d«l~...,,,  "heX^^*  ^^^'W*^ 
ri»»l  oflhe  America*  annv  I.  r      j      ^     '   '^"  ™  "- 

then  w»  ■  imiili  »„-.i_  «<.  "»"»— ihat  an  the  nerth  aide 
a»d.hMI.*Z^  br.h.M*  ''^•':r•  "P'«'"'«  »«™w 
good  eurt.10  of  «rft    ~.      iT'  t"" ''  "•"  '««•'»••  »"y 

could  D.,er  hare  to™  «r.  '»?*»8  «l>e«-Uurt  the  «c.t  ,Wte 
<he  *h.te"f  ,rirr2,.M'?«"'«  ?f  Wrwdu-:,.*,  that 

.i..f«.  ma,  he  «»„i::r.M  ;;:::•"•«-"<»-•«.*» . 

e..e,  which  ^-^  l.edcch«S't""(Clrfr'f  '^***- 
sation  with  that  officer    .»i^  ,k /i  .       """'  '"  »  ««i«r. 

i-at»^w.„;fct;t  e- wra.^';"-!!?'-'" 

'<•  Pieced  San^rkl' a  J?:-"^"''' "'■"«•«"". 
Ca..a«l,:  that  thi  ^»».  ..■,'^",'T  """•  ""ri'erAu^ 

»»d  <«  «ak«  «..  J&^?al»    !  ^°f '"  "'""'»  *•  *»«. 
..:. —  «        .  pwruon  01  iijs  Aee.uhoiif  «/»  «,« .■ 


property— (kftt  duritiig  his  absence  Gen.  CaM  requoHt'^  per- 
misdoQ  of  Gto.  Hull  to  reconnoitre  the  grovcd  between  Saiid-^ 
wich  an4J^fttden-^hat'he  was  granted  about '^80  wen  under 
Col*.  Miller,  »nd  |)roeeeded  Cor  thatpurpojie^that  the  defac^" 
inenttook  possessspn  ofthe^ndge  Aux  Canai'dBy  an4  that  the 
jBritish  pie(|ue]t;  guard  lied  on  their  approach'  -nthat  the  witnrla 
and Cul.  Miller  considered  this  bijilge  as  prnseating  the  only 
j)oint  of  apprc^eh  to  Maiden*  and  m  consequence  sen^  two  mes- 
sages to  G.  HulV(the  latter  oMt  a  joint  note)  stating  that  it  vi^fi 
the  opinion  of  the  officers  that  Ihe  bridge  ou  •jht  to  be  main- 
tained— that,  iq  answer  to  the  verbal  messa/^^,  a  pereBaptor;jr 
order  Vas  sent  iQ  return— to  the  writtec  one,  a  note  was  re- 
turned, tbaton  aecauut  of  the  distance  from  the  Camp,  and 
the  neeessify  of  proourlnj^  cannon,  as  well  as  on  account  of 
uneasiness  concerning  Cot  7^' Arthur,  in  his  opinion  the  bridge 
ought  not  to  be  kept ;  and  finally  referring  to  them  the  dis- 
crctior,  of  keeping  it—thsit*  after  part  of  the  41h  Reg.  joined 
them  from  the  Camp,  a  consultation  of  officers  -was  held,  "when 
it  was  determined  to  abandon  tlie  bridge,  under  an  impression, 
Jby  an  almost  unanimous  opinion,  tbat  Gen.  ^ull  should  havo 
taken  the  responsibility  and  not  they—the  detachment  re- 
turned to  Camp,  as  did  also  Col.  M'Arthur— that  several  do- 
taohments  M^ere  afterwards  moved  to  the  same  place,  the  ob- 
ject of  which  the  witness  did  not  then  recollect.  One  dc. 
taohment  under  the  command  of  the  witness  to  reinforce 
Gen.  M'Arthur,  upon  a  report  which  proved  to  be  false — 
nn other,  under  Col.Findlay,  was  also  ^ent  and  returned — 
Another,  under  major  Denny,  the  object  of  which  was  net 
known  to  the  witness,  was  attacked  and  driven  in — another  to 
the  river  Raisin,  under  Major  Yanhornc,  to  convoy  some  pro- 
visions. Capt.  Brush  was  bringing  from  Ohio|  which  detach- 
ment, consisting  of  about  200  riflemen,  of  the  Ohio  volunteers, 
yas  attacked  and  defeated.   Witness  stated  that  the  insuffi- 
^iMitey.of  the  detachment  was  represented  to  Gen.  Hull  in  the 
most  cai"<est  manner  by  himself  Col.  M'Arthur  and  Col. 
Findlay-.for  reasons  j^ven  in  a  long  convention.  Gen.  Hull 
(ronsidered  it  as  competent — while  the  colonels  declared  their 
t'onviction  that  it  would  be  defeated-Gen.  Cass  further  statedji 


«1 

that  the  report  made  by  him  in  a  letter  tv  Gen.  Hull,  unde^  . 
date  of  the  ir^h  July,  is  a  correct  statement  of  the  tirmifMcl- 
tions  of  the  detabhme  nt  un^r  his  command,  and  that  of  CoL 
Miller.  There  were  no  other  operations  by  that  detaehrnent  - 
also,  that  Col.  Miller  moved  to  Brownstown,  but  whether  he- 
Core  or  after  the  eTaouation  of  Canada,  he  does  not  remember.  . 
That  soon  after  the  army  had  crossed  into  Canada,  a  council 
was  called  of  officers  commanding  corps,  and  all  Hhe  field-of-  . 
iicers;  when  the  question  put  to  the  council  was  "Whetheif 
Maiden  should  he  attae!^ed  ?"  that  0en.  Hull  stated,  that  m'^_ 
two  days  carri'^s  for  heavy  guns  would  be  ready  and  cannon' 
mounted^-ThA  counoilj  witness  believed,  was  unanimous  for . 
an  inHnediate  attack  upon  Maiden  ;  and  nearly  a  moiety  ot . 
the  officers  was  for  proceeding  without  waiting  for  cannon— 
a  small  majority  was  for  waiting  two  days,  if  cannon  could  be 
obtained  by  so  doing— the  cannon  were  mounted  after  waiting 
about'that  time—that  Gen.  Ejtoll  told  the  witness  that  he  con- 
sidered liimself  pledged  to  lead  the  army  to  Maiden,  and  that 
the  Officers  and' men,  with  scarcely  a  single  exception,  were 
ardent  tofoagaiustOlfit  place— Witness  tfahiks,  that  the  day 
Gen.  Hull  ordered  the  amy  to  re-cross  the  river  was  the 
one  which  had  been  fixed  fot  the  attack  of  Maiden ;  and  says 
that  there  was  an  universal  spirit  of  dissatisfaction,  and  a 
feeling  of  infjgnation  through  the  army  on  the  promulgatioji, 
of  that  order.    The  court  adjourned  to  the  next  day. 

The  court  having  met,  pursuant  to  adjoun.ment,  tie  ex- 
ammation  of  B.  General  Cass  was  continued :  That  officer 
stated,  that  an  order  for  the  march  of  the  troops  to  Maiden 
had  been  issued,  which  he  did  not  yesterday  remember ;  that 
on  conversing  sinoo  with  some  gentlemen,  he  has  since  recol- 
lected that  there  were  other  detachments,  besides  those  men- 
liqned  by  him  yesterday,  sent  from  Sandwich;  one  of  which, 
under  Capt.  Snelling,  was  to  the  river  Aux  Canards ;  Imt  for 
what  purpose  it  was  sent,  or  of  what  number  it  consisted  he 
«Ioe§  not  reeqllect :  another  detachment  was  under  a  Mr.  For 
-^  .., ...  „, ,,, ,  .^,^  ,„^.  pi-opepry  01  umi  L.  but  whether  this  was 


*'.    "ij '™'™' "' "'*'»' *'"'*^'.  wliSch' wei«  taken 
tailed  yestord.^  :  „„  ,,  ,4,,^  ,^„  ^„^ 

houghUt  wopld  tea  dinririi  matter  te  .Het.uliZ^tZ" 
todgo  orerlirki.  Creek,  ,»ibi.„fl.'  rf  (he  ri"rTu" 
Canard,.  .,.r  whleh  thi,  0.«.ghi  t,,i  ^..  ..„„  .J^^.'^'! 
ken  5  U<»e  ^ns  were  on  board  of  iliating  taUeries  Mh« 
«»e,he«f.re..r opinion  U.a.  ,h.,,,h.„/bi  earri  d  dl™ 

that  ereek  :  wifee.,  a,,,  ,^  ,^„,^,  ^^  ^ 

tte  eo,me.l  wa.  tela,  ,I„  g^  ^„  ^  j^^'  ^^  »«^'^« 
l«t tenes:  a«.th».lj.etion,  made  by  ,hise  two  LSf 
totbemerAnx  Ctaard,,  wa.,  .hat  thi  «u.en  CtoS 
™^t  prerent  the  parage  of  the  guns.  Gen.  Ca«  th^S?' 
that  the  two  artjilery  offiier,  diKred  f«„  afi  o,eTntal« 
offleer,  a.  to  the  t«,bsp«rtation  of  ihe  gun,  do«n  the  eJS 
and  r.v*>r :  the  fo™«,r  .hV,»ght  there  Jre  diffleum™  ,'S 

after  ttat  meuUoned  yestertay,  blit  before  the  orier  wa,  il 
M.cd  for  the  troop,  ,.  „.^  ^.  MaHen-everal    Xr 
meeting,  ofoffleer,  were  called  by  Gen.  Hull 
tre^JviSr  »<»"^tef.  tbatth.  troop,  «,„„;^a  their  re- 

trtat  from  Canada  on  the  «hAug«M,aIitUe  atUi' dark,  and 
were  erossing  aU  nigh. ,  and  .hat  .to  order  r«.  ,0  iTg  Tm 
.s,ued  abou  the  evenmg  •f.he  B.a,k  a^._»„a  „ J^f,  "2, 
n,ore  eonfident  in  .hi,  opinion  fr«„  rte'«,„„,i  J*  f ^^j  'J 
m  theoamp.  Ho  «„u,at  the  militia  force  of  .he  ene™ 

made  .0  tier  foiTO,  cxceptJ^g  (hat  of  the  Wyando.,,  who 

not  re,collect  any  prev.ou,  eonvonation  of  Gen.  Hull',  on 
•Iw  e2s1.cd.ency  of  .he  cvaeiffiUw  of  Canada. 


* 


S3 

«li.t  that  am.mt  w..~..h"  Zt.^?'  *'^"»«  ""dleet 

>•«  w»t.  OP  likely  w  "^rThr*"*"^  *■♦*'' »"»?»»» 

«»d.«,o«l  ft«„  Geo.  X"uL  « T^  m«fl..-.b«  he  , 

«»"'.« Urge  <.a.oU^TUe^';',^tr'  •r""'  '"' 
SMund  on  the  spot,  there  bZ.T   u  "*  »»«'">«»•  md 

«.i»p«,don/„;tteThf™i^:::"'™""»p«~««»~*''»* 

ber  f  cattle  at  the  rlv„  Sirh..?  "I'' «"»««n*Ie  nnm- 
»f  flour-that  Is  of  nZ,-  •       '     '"*' "«'  «"»•  Pwportioo 

'-bitants  and  «p!:n"^l^rie":f:';rth:. ''"'■''"?•  •'«""»- 
bave  been  procured  the«,..,«  •?',*•'  l>n>»«l«Winig(,t 

Wer  for  .e«ral ^e"*  -^Jl*^'-  ««"  ^"-1 «»«!  io  thit 
ofconversatiou,  wK'ftT'*'  """"'"'"•P.  "  ».U  J 

S  "'"•  =»  ^Machmcot  of  al«„t  SM  me. 


i 


m 


l>t' 


iinder  Col.  M'Artbur,  seat  by  General  HuU  to  open  a  coifi- 
tnuiiieatjoii    with  ttie.  river  Itaisin^-tliis  detaehment  wa« 
^aally  from  the  ref^m^nts  comniiaDded  bj  Col.  AI'Artbur 
and  the  witnestrr-that  Gea.  AaU  had  reoeiTed  a  letter,  on 
the  mondng  of  the  IMb,  from  Capt.  ^rush,  advising  him 
that  he  woiSd,  on  a  eertain  night,  leave  the  river  Baisia  b;* 
a  path  which  doabled  the  distance  to  I>etroit,  but  whieh  was 
deemed  more  secure  than  the  shorter  one-^that  this  detaeh- 
inentwas  hot  furnished  with  provisions  when  marched  .off*' 
tiiey  wet>e  to  raai'ch  2^  or  30  miles — lie  believes  there  was  an 
allowahee  for  provisions — that,  afCer.  marching  liJi|p  about 
midnight,  the  troops  lay  down,  and  cswly  on  the  ensuing 
morning  recommenoed  their  march,  M'hich  they  continued 
nil  day ;  that,  towards  the  evening  of  the  l^tb,  some  mounted 
'men  were  dispatched  todeseovcr,  if  possible,  a'trading  housb, 
said  to  be  haif-W|ty  to  the  Raisin.    That  when  the  detacli- 
luent  was  half  a  inilc  On  its  return  (which  it  wag  iound 
iieeessary  to  <lo)  there  was  an  order  received  froMGen.  Hull 
to  return  I  the  men  had  had  nothing  to  cat , but  cor^  and 
|mmpkins  taken  from  the  adjacent  fields.    Oh  their  return, 
^nd  when  near  Detroit  they  killed  one  or  two  oxen.    The. 
brders  to  the  detachment  were  to  proceed  until  they  met 
Capt.  Brush,   which  they  expected  ^to  do  on  the  2d  day 
after  their  departure ;  that  on  the  evening  of  (be  15th  Au> 
gust,  at  dark,  a  note  Wa«  received  by  Col.  M'Arthur  from 
Gen.  Hull,  stating  that  Gen.  Brock,  who  had  come  to  the 
6[^site  side  of  the  river,  had  summoned  Detroit  to  surren- 
der,'ahd  directing  him  to  return:  that  they  marched  so 
late  that  i^tght  that  many  of  the  men  could  not  support  the 
fatigue,  and  resumed  the  march  very  early  the  next  morning ; 
that  they  heard  cannonading  at  Detroit,  and,  when  within  A 
inite  {thd  a  hklf  or  two  miles  of  that  place,  met  a  Frenchman 
who  declared  that  Detroit  had  surrendered  to  the  British  j 
that  they  then  fell  back  3  or  ^  miles,  to  an  advaatagious  post 
on  the  riter  t<6uge,  where  there  was  a  bridge,  at  which  they 
thought  they  could  defend  themselves,  and  ascertain  whether 
the  fort  had  really  surrendered  or  not :  the  intcllisCnee  wa<3 
«oon  eonfirtned  by  <te«!erters  from  the  fort.    That  a  council 


JS0 

&f  Offleera  was  then  held,  to  consider  what  course  shnnt.l  U 

haps  l-3d  of  the  detachment  could  make  good  its  retreaVto 
Ohio,  artd  therefore  it  was  determinbd  to  send7„  r2 

^rtf  ft'  '  '•^^  *^  '""^  «"«^^  commandeTA  "  n?o^ 
Sill  ^^*'»«'"«  ™  an  unconditional  surrendei,  theyVt^ 
de  achment)  were  prepared  to  defend  themselves  •  but  *  W 
If  there  was  a  condition  in  the  canituIatinnTi.  ?/..]'  ** 
ment  might  return  to  the  UnLd  Ca^  Ve'^^^^^^^^^ 
themselves  of  that  condition     Tha^    ^     I  ^         "  *^* 

wKh  a  letter,  as  witness  believes,  from  r.»   n^n  ^* 

that  the  de.aeho,e«t  was  i„c,„S  tale  ca^f  i  ' '"'*'"5 
requiring  its  return-that  Cart  L„.fl  *f '"'»*"'»'  »■"« 
ed,  aud  said  that  the  detaeh^erh^ZlLf 'L"*™" 
eapitulaUon:  „p.„  whieh  it  did  Xn  toC^K  h"  *" 
rendered  itself.    Gen.  Cass  further"!  tT.!  ";*  "^Tj 

»..,Lat;d.  BXi*xte:r;^4at"in.':::r^ 
rr"hidtr:::;;^rjetr-r"^^^^^^ 

that  this  was  not  a  m^ZT^ZZ'^^^^  ?"*'- 
the  general  e,p«ssion  and  feetog.'  m  S""'  ■•"*  Z" 
the  character  of  the  Michisin  if  lis.i  71  "  """  "«" 
When  the  detaehn.e«  a^S^t  L?l  "s"--  '™''* 
part,  and  afterwards  ^.S'li.t  aTsp^'^rr"'"' 
marehed  up  the  river  to  JJetroH  o«  .h?^  ^'"''  '"* 
I6.h  August,  when  the,  hfari"  \  ^7™"«  •' *- 
have  been  in  the  rear  of  the  British  »M»k  '  '""'* 
stance  the  British  had  been  a^CZ'^t    '"  '  ^""^ 

Ihc  witness  now,  resuming  his  evidenoe  ».  rt      v 
generally,  further  stated,  that  he  nevir, aw  21     "?*'«" 
duty  on  the  part  of  Gen.  Hull  befoTcrsinT  f^'**'  "*■ 
Detroit,  except  at  Urbanaand  Da,tor^L*,t '"*'  «' 
"Pportunities  of  disciplining  the  troops  *"  "^ 


Uk 


SB 

Ration  by  the  Court-— Was  there  no  order  for  that  pur- 
{lose  ? 

Witness  did  not  recollect  any  order,  nor  any  appoint- 
ment made  before  the  arrival  of  the  troops  atDetroit,  ^rhen 
Capt.  Riokman  was  appointed ;  he  never  saw  Gen.  Hull  either 
discipline  his  troops,  or  review  them ;  or  visit  the  guards  Or 
the  sick  |  or  attend  to  the  police  of  the  camp ;  or  reconnoitre 
the  country ;  or  appear  on  grand  parade  ;  or  perform  any  of 
those  duties  prescribed  to  General  Officers. 

^eation  by  the  CoMrf-->Were  there  never  any  orders 
issued  ? 

A.    Not  to  witness's  recollection. 

Q.  Were  there  nut  iield-officers  who  reported  to  G.  Hull  ? 

A.  There  were.  Upon  recollection,  the  witness  said  he 
saw  Gen.  Hull  at  Dayton  teach  a  column  to  change  front ; 
and,  when  the  troops  marched  from  Dayton,  Gen.  Hull 
gave  the  word  of  Qommand,  which  witness  never  after  heard 
him  do.  He  never  believed  Gen.  Hull  guilty  of  treason ; 
never  was  in  action  with  him,  and  knows  nothing  of  his 
eourage ;  but  considered  him  an  inattentive  officer. 

GEN.  CASS  WAS  TJIEN  EXAMINED  BY  THE  COURT. 

il.  Were  there  any  artillery  officers  present  at  the  coun- 
oil  prior  to  that  in  which  the  attack  on  Maiden  was  deter- 
mined on  ? 

A.  I  do  not  recollect  J  but  believe  Capt.  Dyson  was 
present. 

Q.  Was  there  any  new  impediment  to  the  passing  of  tho 
eannon  ? 

A     I  neither  knew  nor  heard  of  any. 

Q.     Did  the  army  retire  from  Canada  in  good  order  ? 

A.  There  was  not  much  order  with  new  troops  in  a  re- 
treat by  night. 

Q.  Was  the  order  to  retreat  the  act  of  a  council,  or^  th6 
individual  act  of  the  General  ? 

A.  I  never  heard  of  any  council.  I  know  it  was  strongly 
opposed  by  the  army. 

Q.  Had  you  any  reason  to  know  that  Gen. -Hull  was 
acquainted  with  the  detachment  under  Col.  31' Arthur's  being 


on  its  return  to  Detroit,  op  was  any  messenger  sent  to  advise 
tli()  General  of  it  ? 

A.  The  dragoons  were  sent  to  reconnoitre,  but  returned  on 
account  of  the  Indiana 

Q.    Do  you  Itnow  the  cause  of  the  sudden  retreat  fW)m 
Canada  ?    Was  there  a  large  force  in  the  neighbourhood  ? 

A.  After  the  fall  of  Mackanae  (MichUlimakanack)  Gen, 
Hull  appeared  to  be  under  great  and  severe  apprehensions, 
and  apprehended  a  great  force  from  that  quarter.  I  also  be- 
lieve he  saw  two  letters,  one  from  Gen.  P.  B.  Porter,  and  the 
other  from  Gen.  Hall,  stating  that  Gen.  Brock  was  march- 
ing  up.  I  believe  these  letters  were  received  by  Gen.  Hull 
alter  the  surrender  of  Detroit. 

BRIG.  GEN.  CASS  WAS  NOW  CROSS-EXAMINED  BY  THE 

PRISONER. 

Q.    Who  Where  the  officers  who  applied  to  Geq.  Hull  for 
?n  order  of  battle?  v  "ui*i«r^ 

A.    I  think  Col.  M'Arthur,  Lt.  Col.  Mills,  and  Lt.  Col. 
Findlay,  applied  j  but  the  paper  shewn  (here  a  paper  marked 

il'"i  rr.r  t  ^^'^^  ^^  "•**  ^^^  «^«r  «f  »»«<«« 

agreed  to  by  the  officers. 

Q.    Was  not  the  order  of  march  just  shewn,  pubUshed  or 
made  known  to  the  army  ?  f"""»uc«  or 

A.    I  do  not  know  ,•  but  pre^me  it  was. 
Q.    Had  you  any  conversation  with  Gen.  Hull  respecthie 
the  despatch  of  the  vessel  from  the  Miami  ?  "^'P^^^^S 

A.    I  do  not  recollect  -,  but  presume  I  had. 
Q.    Did  you  apprehend  that  there  was  war  then  ? 
A.    I  did  not ;  or  I  would  not  have  sent  my  baggage. 
Q.    Whether  or  not  did  Gen.  HuU  think  it  ex^di^nt,  un- 
tlm.^^  '"^'"^  circumstances,  to  send  the^esld  frZ 

««if '  *  'V'  ?P°f '^^''^  *■««'  »c,  at  this  distance  of  time,  to  re- 
,t:    '  f"^'^'^"^^^  ^hat  Gen.  Hull's  reason  for  senSil 

the  ;esL  "^'^  '"'  '^  ***'  '^^^^''  ^^^«»  «>••  ^e-'J'oS 

to  m^rer? '  '^  "'''' ""  ^^'^^^rn^ss  through  which  the  army  had, 


A.  From  about  14  miles  north  of  Urbaiia  to  Miami  H 
was. 

Q.  Was  the  order  of  mareh  conformable  to  this  plan, 
and  were  the  officers  consulted  respecting  it  ? 

A.  It  was  nearly ;  with  the  exception  that  the  eolumns 
were  never  otosed  with  the  rear  guardf  nor  the  baggage  in 
the  centre.  It  was,  I  believe^  the  order  of  march  hy  Gen. 
Wayne,  adapted  by  Gen.  Harrison  in  the  same  country,  and 
proposed  by  Col.  Miller  or  Findlay. 

Q.  Was  not  the  army  on  its  march  as  liable  to  be  at- 
tacked in  its  rear,  as  on  its  flank  or  in  its  front  ? 

A.  I  thiok  we  were  as  liable  to  be  attacked  on  one  point 
as  on  another. 

Q.  Were  there  not  directions,  -accompanying  this  order 
of  march,  in  what  way  the  army  was  to  form  in  case  of 
attack? 

A.    I  do  not  know  that  such  directions  were  giyen. 

Q.  After  I  took  command  of  the  troops  at  Dayton,  were 
Qot  the  sentiments  I  expressed  to  the  troops,  and  the  meas; 
iires  I  adopted,  calculated  to  inspire  the  troops  with  ambi- 
tion, regularity  and  discipline  ? 

A.  I  do  not  recollect  any  sentiments  expressed,  other 
than  the  address  to  the  troops ;  which  I  think  was  a  good  one, 
and  that  you  acquitted  yourself  on  the  occasion  very  well. 
With  respect  to  measures ;  I  do  no^  know  that  any  were 
adopted  in  relation  to  those  olyects. 

Q.  Whether  or  not,  when  I  took  the  command  at  Day- 
ton, were  orders  issued  for  the  different  regiments  to  parade 
by  companies  in  the  morning,  and  by  regiments  in  the  after- 
noon for  exercise  I 

A.  With  the  exception  I  have  before  slated,  I  do  not  re- 
collect such  orders. 

Q.  Do  you  not  recollect  my  exercising  the  troops  at 
Urbana,  myself? 

A.  The  army  was  put,  for  the  purpose  of  being  reviewed 
Vj  Governor  Meigs. 

Xl^e  eourt  adjourned  to  the  next  da^. 


«9 
lOf/i  iay,  Saturday,  29Wi  Jan.  1814. 


TIfE    CROSS  EXAMINATION    OP  BRIGADIER 

CONTINUED. 


GENERAt    CASS 


A  letter  dated  Sandwich  17th  July,  I8i«,  was  exhibited  by 
General  Hull  to  General  Cass.  , 

Q.  Is  that  a  copy  of  the  letter  sent  to  you  at  Rivvr  Anx 
Canards  ?  *^ 

A.  It  is  in  substance.  .^ 

Q.  How  many  days  was  the  army  at  Detroit  before  it 
crossed  to  Sandwich  ? 

A.  I  think  5  or  6  days.  We  arrived  at  the  Spring  Wells, 
near  Detroit,  staid  two  or  three  days  at  the  wells  and  cross- 
ed on  the  12th. 

Q.  What  could  have  been  done  to  the  works,  previous  to 
crossmg  ?  » r        «••  *» 

A.  There  could  have  been  a  great  deal  done,  or  very  little 
I  cannot  answer  with  precision--!  was  not  in  the  fort  at  De' 
Iroit,  until  my  return  from  Canada~I  wish  to  give  a  proper 
answer.  The  Army  had  had  a  tedious  march,  and  therefow 
It  might  have  been  right  to  employ  th^troops  upon  fatigues. 

Q.  Are  you  acquainted  with  Capt,  Thorpe,  of  the  artifi- 

A.  I  am, 

Q.  Was  I  not  employed,  before  crossing  the  river,  in  or- 
ganizing  a  corps  of  artifieers. 

A.  A  corps  of  artificers  was  organized  under  Capt. 
Thorpe,  but  whether  before  or  after  the  passage,  I  cannot  siy. 

Q.  Were  not  artificers  called  from  the  different  regiments  ? 

A.  There  were  some  detailed  from  the  regiment  under 
my  command,  and  probably  from  the  rest. 

Q.  After  we  arrived  at  Detroit,  and  before  crossing  the 
mer,  were  noj  several  detachments  sent  to  obtain  boatf  and 
other  means  ot  crossing  the  river  ? 

A;  I  do  not  recollect  ,•  boats  were  collected  and  eol- 
Jeeting :  I  do  not  knowof  any  public  boats. 

Q.  Was  it  not  apprehended  that  the  fall  of  Maekanae 
would  have  an  injurious  effeet  upon  the  Indians  and  Canadian 
muida  { 


A.  At  I  before  stated,  Gen.  HuU  felt  great  apprehensions  j 
but  I  did  not ;  qor  do  I  believe  the  other  officers  did—the  ob^« 
Jects  of  the  expedition  might,  in  my  opinion,  have  been  effect- 
od  before  any  ill  efieets  were  felt  I  do  not  know  of  a  single 
Indian  having  arrived  at  Detroit  until  three  days  after  tho 
surrender— Neither  was  there  much  danger  to  be  apprehend- 
ed from  the  Canadian  inhabitants,  as  in  my  opinion  tho 
greater  proportion  of  them  had  taken  proteetion  from  Gen. 
Hull. 

Q.  Who  commanded  the  British  at  Maiden,  about  the  be- 
ginning  of  August? 

A.  On  or  about  the  7th  August,  General  Proctor  succeed* 
ed  Col.  St.  George  in  the  command. 

Q.  Did  not  Gen.  Proctor  bring  a  considerable  reinforce- 
uent  ?  « 

A.  Tlie  impression  on  my  mind  is  that  about  100  men  ar- 
rived there  with  him. 

Q.  When  you  rbceived  my  letter  at  River  Anx  Canards, 
was  the  opinion  of  the  officers,  about  returning,  unanimous  I 

4-'  I  think  it  was,  or  nearly  so. 

Q.  M'ere  instructions  given  to  Major  Yanhorn?  to  take  a 
bye-path  ? 

A.  I  understood  there  were. 

Q.  Was  not  Brownstown  to  be  avoided  ? 

A.  I  think  he  was  instructed  to  avoid^Brownstown. 

Q.  Was  the  force  that  attackdd  Major  Vanhornc  any 
other  than  of  Indians  ?  'i 

A»  I  do  not  know,  but  understood  so.  I  believe  a  detach- 
ment of  British  troops  passed  over  froii|  Maiden,  during  the 
fire  and  after  Major  Yanhorne's  action^ 

Q.  Was  the  council,  at  which  the  field  officers  were,  called 
sliortly  after  our  arrival  in  Canada  ? 

A.  I  do  not  know,  but  presume  it  wag. 

Q.  Was  not  the  question— whether  Maiden  should  ba 
attacked  ?  proposed  in  (hat  council  ? 

A.  I  think  it  was. 

Q.  Did  I  not  state  to  this  council  that  (he  artillery  was  iiat, 
prepared,  having  only  6  pounders  ? 


bout  the  bO" 


100  men  ar- 


31 

Ai  I  bannot  say.    It  is  probable.  i 

Q.  Did  I  not  state  to  the  council  that  the  enemy  at  MaMeK 
had  18  and  2%  pounders  ? 

A.  Very  probably,  but  I  do  not  recollect  it. 
Q.  Did  I  not  state  that  we  must  rely  upon  the  bayonei 
■lone,  for  want  of  cannon  to  make  a  breach  ? 
A.  I  think  you  did, 

Q.  Did  I  not  submit  to  the  commanders  of  new  troops,  that 
if  they  were  confident  in  their  dependence  upon  their  men,  to 
storm  regular  works  manned  with  regular  troops,  and  that 
with  the  bayonet,  I  would  lead  them  ? 

A.  I  think  Gen  Hull  might  have  had  the  valour,  but  as  to 
his  offer  to  lead  them,  I  do  not  recollect  it— my  opinion  and 
impression  was,  and  I  believe  it  was  that  of  commanding 
officers  of  regiments,  that  the  army  could  take  the  fort. 
Q.  What  was  the  opinion  of  this  Council  ? 
A.  I  think  that  by  a  majority  of  one,  it  ^s  agreed  to 
wait  for  the  heavy  ordnance. 

Q.  Did  I  not  state  on  the  7th  August,  previous  to  the  re- 
treat to  Detroit,  that  my  object  in  returning  to  Detroit  was  to 
concentrate  my  forces,  the  better  to  open  my  communication 
with  the  river  Kaisin  ? 

A  I  recollect  that  General  Hull,  on  the  evening  of  the 
retreat,  endeavoured  to  satisfy  the  officers  (that  is,  the  com^ 
manders  of  regiments)  that  the  evacuation  would  be  proper 
lor  the  purpose  stated  in  the  question,  but  they  thought  dif* 
lerently— The  General  ordered  his  own  opinion  to  be  carried 
into  effect,  considering  himself  as  the  responsible  person,-  ob- 
sCTvmg  farther  that  he  thought  the  act  proper,  and  although 
MS  son,  his  officers  and  every  person  were  against  him,  he 
would  act  agreeably  to  his  own  judgment. 

Q.  Did  I  not  inform  you,  previous  to  crossing,  thatm^or 
Chambers,  of  the  *l8t  British  regiment  was  advancing  from 
Fort  George  against  our  army  at  the  head  of  Lake  Ontario, 
(Moravian  grounds)  with  artiUery  and  an  additional  force  of 
militia  ? 

A.  Gee.  Hull  stated  that  Major  C.  was  at  the  head  of 
river  French,  with  some  regulars  and  some  Indians,  and 
was  raising  the  militia.    I  believe  this  was  previous  to  our 


^t 


h>f 


i<>iaving  Canada,  but  aiti  not  certain  :  the  distance  l)ctw6cil 
Detroit  and  river  Frcnoli,  where  Major  C.  was,  is  one  hun- 
dred and  twenty  miles. 

Q.    Was  not  the  march  through  the  wilderness  a  heavy 
and  fatiguing  one  ? 

A.  It  was :  and  Gen.  Itull  hurried  us  as  much  as  was 
proper. 

Q.  Do  you  not  recollect  my  order  for  the  building  of 
Several  block  houses  7 

A.  There  were  two  completed  on  our  march ;  one  com- 
menced, but  left  incomplete ;  and  a  detachment  was  left  at 
Miami  to  build  a  fourth.  The  army  marched  from  Dayton 
to  Stanton,  with  a  view  of  taking  a  different  route  from  the 
one  taken. 

Q.  Do  you  recollect  a  council  of  war  held  at  my  houses 
at  Detroit,  on  the  9th,  July,  and  what  was  said  and  done  ? 

A.  I  do.  The,  order  from  the  Secretary  at  war  was 
submitted  to  the  court,  directing  you,  on  your  arrival  at 
Detroit,  to  take  measures  for  securing  your  post,  and  to 
wait  further  orders.  At  that  time  it  appeared  as  if  the 
enemy  were  erecting  batteries  on  the  opposite  shore :  it 
however  subsequently  appeared  that  it  was  not  the  case.  It 
was  my  opinion,  and  that  of  the  other  officers  generally, 
that  you  ought  to  cross  the  river  without  further  orders. 
My  impression  was  that  Gen.  Hull  agreed  to  cross  the  De- 
troit, without  further  orders  from  the  Secretary  of  war. 
Gen.  Hull  was  very  much  embarrassed  and  was  relieved  by  an 
order  received  that  very  night. 

Q.  When  did  you  arrive  at  Detroit  after  the  capitula- 
tion ? 

A.     On  the  same  day  after  dark. 

Q.  Were  not  all  the  militia  who  had  joined  the  army^ 
excepting  twelve  hundred,  unauthorized  by  government  ? 

A.  I  do  not  know.  I  understood  that  twelve  hundred 
were  required  by  government  from  Ohio  ;  all  the  rest  were 
taken  under  the  responsibility  of  Governor  Meigs. 

Here  the  cross  examination  of  Brig.  Gen.  Cass  was  closed  : 
and  he  was  re-examined  bvthe  court. 


Geih  lIuN'i  Mder  of  <He  t7th  Avguat,  marked  « taken  of 
Oen.  Proetor"  was  produced.  It  wai  directed  to  tlio  com- 
manding ofhcer  at  tlio  Rapids,  desiring  him  to  surrender 
witli  hiH  men  as  being  included  in  the  eapltidalion,  and  be- 
longing to  Michigan  territory,  a  distance  of  many  mHes  from 
Detroit— General  ICass  said  that  80  or  40  men  of  the  Ohio 
militia  made  offand  returned  homo  in  safety,  after  giving  notice 
to  Captain  Brush,  who  also  returned  home  with  his  detach- 
ment, without  regarding  the  capitulation,  of  which  he  beard. 

Here  M'Arthur,  page  8i,  nas  referred  to  by  the  Judge 
Advocate,  as  to  matters  of  opinion,  in  consequence  of  which 
farther  questions  to  General  Cass  were  waived. 

General  Cass  then  said  that  at  Uie  time  of  the  evacuation  of 
Canada  j  but  thinlts,  after  that  event  j  if  General  Bull  had  re- 
tired from  Detroit  to  take  upaposition  at  Raisin,  in  his  opinion 
the  Ohio  volunteers  would  have  left  him-The  witaeit  does  not 
recollect  tiiat  General  Hull  suggested  to  him  the  idea  of  siich 
a  retreat,  as  an  event  which  a  subsequent  state  of  thmgs 
might  require ;  or  that  ho  told  General  Hull  that  the  Ohio 
militia  would  leave  him :  although  he  thinks  they  would  havb 
done  so,  under  the  idea  of  a  surrender— but  that  If  it  wa» 
deemed  a  necessary  and  proper  step  they  would  not. 

question  by  the  Court— Were  the  orders  for  detadhments 
from  the  army  regularly  Accompanied  with  directions,  in  tiie 
general  order,  ibr  the  number  of  rations  to  b^  issued  and 
taken  with  the  detachment  ?  '  Jts 

A.  I  do  not  recollect ;  but  I  rather  think  not. 

Q.  By  General  Hull. 

When  the  detachment  under  General  iM[*Arthur  arrived 
near  Detroit,  on  the  day  of  the  surrender,  did  it  not  occur  to 
you  that  some  signal  might  be  given  to  the  fort,  infbrmmg 
them  of  your  approach? 

A.  Before  we  got  near  enough  to  the  fort  to  make  anj 
signals,  we  heard  from  a  Frenchman  that  the  fort  had  sur^ 
rendered,  which  was  done  when  the  detachment  was  4.  or  B 
miles  from  the  fort.  We  also  saw  Indians  catching  horsts 
and  shooting  cattle.  > 

nie  court  adjourned  to  Mondav  next. 


r. 


M 


Ik 


li(h  day,  Monday  Sist,  Januafyt  ISfi. 

The  Court  me^  pursuant  to  adjournment,  when  major  Jo- 
nah Snelling,  of^he  4th  Infantry,  called  on  the  part  of  the 
rfp,  S.  was  sworn  and  examined :  He  stated  that  he  joined  the 
%W*  arniy  sit  Urbana,  and  remained  >with  it  as  captain 
I'ntil  the  surrender  to  general  BtM>ck — that  he  never  heard  of 
any  order  of  battle — that  he  understood  there  was  an  order  of 
march,  but  never  saw  it  promulgated  in  orders  :  that  the  army 
marched  with  an  advanced  guard  and  flanking  parties,  and 
arrived  at  the  rapids  on  or  about  the  SOtli  June — that  he 
heard  there  was  a  message  in  ciimp  from  Washington ;  that 
the  first  intimation  he  had  of  the  hiring  of  a  vessel  was  on 
the/  1st  July,  when  Col.  Miller  called  at  the  officers  tents 
ahd  told  them  they  must  put  their  baggage  on  board  ,of 
^vessels  for  Detroit.    That  the  army  arrived  at  SpringweII» 
on  the  5th  Jiily,  that  on  or  about  the  6th  or  7th,  the  whole 
army  marched  Ihrough  Detroit  in  the  morning  and  re- 
turned in  the  afternoon  J  on  the  6th  or  rth  marched  from 
f^pringwells—on  the  Stb  or  9tli  marched  with  baggage  and 
camp  equipsi^e  and  encamped  in  the  rear  of  the  town  of 
Detroit— it  remained  there  until  the  i2th,  wlien  the  whole 
army  crossed  over  into  Canada :  Gen.  Hull,  as  witness  be- 
lieves, crossed   over   with  the  last  division  of  the   army. 
That  witness  was  in  Caifada  about  16  days  with  the  army, 
during  which  time  fatigue  parties  were  detailed  every  day ; 
that  witness  then  returned  to  Detroit  with  a  detachment 
under  Col.  Millier,  to  prepare  artillery  &e.  for  the  attack  on 
Maiden ;  but  does  not  know  if  the  detachment  was  employ- 
ed on  that  service— that  he  was  in  the  detachment  under 
Col.  Ciiiss  that  took  the  bridge ;  that  it  was  the  opinion  of 
the  officerst  generally,  and  he  believes  unanimously,  that  ttie 
possession  of  the  bridge  was  of  great  importance  towards 
taking  Maiden— that  this  opinion  was  communicated^  to  Gen. 
Hull,  who  returned  an  answer,  leaving  it  to  the  discretion  of 
the  officers ;  upon  which  fhey  determined  to  evacuate  the 
bridge.    That  the  officers  did  not  persist  in  tlieir  opinion,  be- 
cause thevthou&rbt.  or  nt  !(>»<)<  hAi!uI.  fhnf  ^hp  n<>n.  atinulil  iravn 


-iakentheresponsibUity  on  himself,  and  not  have  thrown  it  upon 
the  oflicers^that  the  principal  reason  by  whieii  the  officers 
were  influenced,  was  their  tliinking  it  was  a  proper  position 
for  the  army,  which,  it  was  expected  would  moyedownj 
fout  that  the  distance  from  the  then  position  of  the  army  wan 
too  great  for  a  picquet  guard.  That  witness  was  sent  witli 
a  reiaforeemoot  of  between  80  and  90  men  to  reinforce,  or 
leather  to  cover  the  retreat  of  Major  Yanhorne,  as  soon  as 
it  was  reported  that  he  was  in  danger ;  but  that  the  detach- 
ment did  not  proceed  far  before  Major  Yanhorne's  party 
was  met  returning.  That  while  witness  was  in  camp  at 
Sandwich,  an  attack  on  the  Queen  Charlotte  was  contemr 
plated. 

Here  an  objection  was  made  by  Gen.   Hull  to  Major 
Snelling's  testifying  to  any  thing  not  in  the  charges  or  spe 
cification,  upon  which  the  Judge  advocate  submitted  the  fol- 
lowing questions,  which  were  waived  for  the  present. 

Q  Was  an  attack  on  the  Queen  Charlotte  contemplated^ 
previous  to  the  capitulation  ?— Were  there  any  preparations 
made  by  our  army  to  carry  it  into  effect  ?— was  the  plan  aban- 
doned J  and  what  were  the  reasons  assigned  by  Qen.  HulLfor 
so  abandoning  it? 

Major  Snelling  then  stated  that  he  remembers  seeing  the 
enemy  erecting  batteries  on  the  opposite  side  of  Detroit  river 
on  the  morning  of  the  isth  August,  that  a  court  of  enquiiy 
was  sitting  to  inquire  into  the  conduct  of  Lt.  Hanks,  when 
about  10  A.  M.  captain  Fuller  saw  a  white  flag  crossing,  upon 
which  Col.  Miller  adjourned  the  court— that  witness  then  pro- 
ceeded  with  Captain  FuUer  to  receive  the  flag-i^that  Lt.  Col. 
McDonald  and  Capt  Glegg  bore  the  flag,  were  blindfolded  and 
conducted  by  order  of  General  Hull  to  a  house  near  the  fort 
(100  or  200  yards  distant)  belonging  to  major  Hunt,  civil  aid 
to  General  Hull,  until  the  communication  was  made  to  Gen- 
eral Hull,  who  directed  the  gentlemen  to  be  detained ;  which 
was  done  until  3  o'clock  P.  M.  during  which  time  they  were 
uneasy  at  their  detention— that  witness  went  into  tlie  sti-eet, 
and  saw  captain  Hull,  aid  de  camp  to  his  father,  who  said  he 


^n  uie  iciror  m  repiy  in  his  pocket ;  hut  was  ordered  to  with 


a^ 


JMid  iU  WMie»  tke  !4e«  of  giving  tlie  annj*  time  for  defonoe. 
n^al  witnesfr  however  soon  saw  peo^  runinag  into  tlie  fort 
and  IB  aH  directions,  <Jarryiiigbed8y  he.    That  witness  and 
captain  Fuller  Tieve  stationed  ne4r  Hutft^s  house  in  Uie  cita- 
de}yard>»tteit  the  rendezvou»^(^*the  regiment  was  in  the  Fwt, 
that  of  the  militia  hi  the  rear  of  the  town,  in  the  open  ground; 
that  he  had  no  knowledge  of  the  movements  of  the  treopsy  «r  of 
any  orders  being  glren :  tlfat  witness  perceived  with  a  glass  the 
enemy  td(h%  dCwn  a  building  whieh  (hovered  a  Biadked  bat- 
tery ereeted  by  them ;  and  that  in  about  an  hour  after  there- 
tum  to  their  ^e  of  lA.  Co).  M^Donttld  and  Captain  Glegg, 
a  firing  of  eannon  con^  neneed,  upon  which  witness  fbrmed  his 
company  and  the  rei..ainder  of  the  Hh  regiment  (Col.  Mil-, 
ler  l^og  sic&i)  in  the  citadel  yard,  and  then  repaired  towatrds 
the  fort,  and  on  his  way  met  Cteneral  Hull  in  the  street,  whom 
witness  asked  for  ortlers;  when  the  General  directed  bins  to 
proceed  to  the  fort,  and  post  bis  men  in  tl^  ramparts,  wluch 
"vtas  done ;  part  of  them  put  to  the  guns  and  others  provided 
with  pikes.    That  towards  sundown  witness  was  ordered  with 
^7  or  do  men  and  a  field  piece  (4<pr.)  to  Spring  Wells  (about  3 
jmiles  distant)  as  a  picquet  guard — He  had  also  3  dragoons^  to 
serve  as  expresses  in  case  of  need— that  the  Queen  Charlotte 
onthe^me  day  had  moved  up  the  river,  directly  opposite  to 
Spiiagwells ;  that  the  orders  witness  received  were,  to  take  a 
postatSprin^ells,  report  auy  movements  of  the  enemy  which 
ho  might  discover,  and  return  by  break  of  day,  so  as  to  avoid 
the  fire  of  the  Queen  Charlotte  which  lay  in  the  middle  of  the 
channel->*that  the  dhore  was  much  higher  than  the  decks 
<lf  that  vessd,  and  the  river  at  Springwells  about  3-4  of  ^ 
mile  broad;   that  the  detachment  could  have  moved  by 
other  routes,  but  not  the  artillery,  and  that  the  road  was 
directly  on  the  shore.    That  witness  sent  a  dragoon  to  com- 
municate to  Gen.  Hull  j  that  Col.  Taylor  and  Major  Jcssup 
visited  Springwells,  and  were  consulted  on  the  expediency 
ofhaving  a  a*pr.  brought,  to  be  posted  on  the  artificial  mound, 
With  a  view  to  dislodge  the  Queen  Charlotte  from  her  moor- 
ings J  that  another  dragoon  was  despacthed  to  acquaint  Gen. 
Hull  verbally,  that  those  oflScers  coincided  in  opinion  with 
the  witness  that  a  24  pounder  would  do  well,  auu  iUni    ' 


ihi'v 


f   ■ 

recommcudeil  itto  Ge»«  Hull-41iat  the  dragoon  returned 
vrith  an  answer^  that  a  2i  pounder  could  not  be  transported 
over  the  hridge;  which  bridge^  witness  says  was  about  12 
w  14  feet  high>  and  8.  or  10  yards  long^  and  built  of  wood^ 
that  Capt.  Hull  was  also  there  and  proposed  ret^mnending 
it  to  Cren.  Hull  to  send  a  24  poiuider.  That  witness  heard 
•f  no  mititary  inoTeraent»  during  the  ni^^t ;  he  heard  oarsy 
whieh  he  supposed  were  in  two  or  three  boats,  passing  from 
the  Queen  Charlotte  to  the  Brig  Hunter  or  to  the  Enemy's 
shore.  That  witness  thou^t,  with  the  other  officers  that  a 
24  pounder  could  have  beer  transported  across  the  bridge. 
That  witness  returned  to  the  fort  at  Detroit  about  dawn  of 
day  I  soon  after  which  the  cannonading  and  bombardmenl 
commenced  from  the  enemy,  and  were  returned  by  the 
Amerlean  batteries  on  the  river,  but  net  from  the  fort. 
That  about  7  o'clock  in  the  morniug  the  British  were  seen 
from  the  ramparts,  ei'ossing  the  river,  which  was  reported 
by  witness  to  Gen.  Hull :  that  no  resistance,  wlueh  witness 
knows  of  was  made  either  to  their  landing  or  to  their  ap- 
proach—that two  shots  took  efieet  on  us,  one  of  which  killed 
two  commissioned  officers  and  a  surgeon,  and  wounded 
another  surgeon,  the  other  killed  two  privates.  That  soon 
afterwards  Capt.  Hull  was  sent  across  the  river  with  a  flag 
of  truce,  and  witness  was  ordered  by  Gen.  Hull  to 
proceed  to  Col.  Findlay,  who  was  stationed  with  Mtyor 
Denny  and  his  Regt.  about  four  hundred  yards  in 
advance  towards  Springwells,  and  direct  him  to  re^at  to 
the  fort.  That  the  artillery,  ammunition  and  part  of  the  4th 
Hegt.  were  at  the  batteries,  two  of  which  were  on  the  banks 
of  ther^vcr,  the  other  in  Judge  Woodward's  garden—the 
Michigan  militia  were  in  the  rear  of  the  town.  That  witness 
delivered  the  order  to  Col.  Findlay  who  appeared  nnwilUng 
to  obey  it  by  marching  his  Regt.  into  the  fort.  That,  after 
this  service,  witness  repaired  io  the  battery  commanded  by 
Major  Anderson,  whei-e  a  British  officer,  Lieut.  Duer,  of 
the  Quarter-master's  department,  arrived  with  a  man  bear- 
ing a  flag  of  truee,  to  know  why  our  flag  was  sent  over  the 
river  J  that  witness  replied  he  believed  it  had  been  sent  vith 
a  message  fi-om  Gen.  Hull  to  Gen.  Broek.   who  was  liup^ 


i  ■)',  I  I, 


i: .  'i 


96 

posed  to  be  on  the  other  side  of  the  river.  That  witness 
then  sent  Lt.  Hunt  on  horseback  to  Gen.  Holl,  who  return- 
ed with  a  sealed  paper  from  Gen.  Hull,  addressed  to  Gen. 
Brock,  with  directions  to  witness  to  proceed  to  Gen.  Brock 
with  the  same.  That  witness  carried  and  delivered  the  note 
to  Gen.  Brock,  who  was  t«ro  hundred  yards  in  advance  of 
the  head  of  his  column,  without  any  advance-guard.  That 
the  enemy  was  then  near  the  house  at  which  Doctor  Henry 
resided,  abont  3-*  of  a  mUe,  or  a  mile  from  the  fort  at  De- 
troit— that  the  note  was,  as  far  as  witness  recollects,  having 
seen  it  in  the  hands  of  Lt.  Col.  M*DonaId. 

Here  an  objection  was  taken  to  this  part  of  the  evidence, 
by  the  prisoner,  whodesired  that  the  questions,in  the  present 
pohit  of  enquiry,  should  be  taken  down  in  writing  j  and  that 
the  answer  should  be  taken  to  each  interrogatory  distinctly. 
The  following  questions  were  then  put. 

<l.    Was  the  note  brought  to  you  by  Lt.  Hunt,  the  ono 
delivered  by  you  to  Gen.  Brock  ? 
A.    It  was. 

Q.  Uid  you  see  this  note  afterwards?  If  so,  when  and 
where;  and  what  reason  have  you  for  believing  it  to  be  the 
same  ? 

A^  I  did.  Gen.  Brock  put  it  into  the  hands  of  Lt.  Col. 
M Donald  in  my  presence,-  and  while  Col.  M'Donald  and 
Capt.  Glegg  were  engaged  in  writing  the  articles  of  capitu- 
latioM,  I  saw  Col.  M'DonaW  lay  it  on  the  table  or  writing 
desk.  I  then  read  it  as  it  lay  on  the  table  or  desk,  and  have 
no  doubt  it  was  the  same  paper  I  handed  to  Gen.  Brock. 

^.    Were  you  acquainted  with  the  hand  writing  of  Gen 

Ham?  o         . 

m.    I  had"  seen  it  many  times. 
^  ^1    H^*y««i  at  the  time  any  doubt  that  it  was  in  the 
hand  ^vrtth^  of  Gen.  Hull? 

A.  mne  at  all.  My  opinion  is  founded  upon  the  know- 
ledge I  have  of  the  General's  handwriting,  and  the  cir- 
cumstances under  which  the  note  was  delivwed  to  me. 

.Q.  Wetfe  the  British  officers  conducted  to  the  place 
wBm  IhcJ  Hrlielcs  Of  capitulation  were  drawn  up,  in  conse- 
•  ' wvrc  uivy  mere  iiiei  by  i»en. 


Hull  ? 


» I 


I 


"^y 


I 


3» 

A.  After  I  delivered  the  note,  Gen.  Brock  asked  met 
whether  I  was  authorized  to  agree  to  settle  the  terms :  I 
replied  that  I  was  not.  He  then  directed  Col.  M'Oonald 
and  Capt.  Glegg,  to  accompany  me  to  the  fort ;  when  on  th« 
way,  we  were  met  by  some  person  (whom  I  do  not  recollec0 
who  directed  us  to  a  marquee  which  had  been  pitched  a 
short  time  before,  as  I  understood,  by  the  orders  of  Qen. 
Hull. 

Q.    \^1iatwerethe  contents  of  the  note? 

A.  I  cannot  now  speak  with  certainty :  but  my  best  re- 
eollection  is  that  it  contained  these  words.  «  Sir,  I  agree  to 
surrender  the  fort  and  town  of  Detroit  ,*»  and  was  signed 
•*  William  Hull,"  Brig.  Gen.  United  States  army.  I  consider- 
ed at  the  time  that  it  was  a  surrender  without  stipulation^ 
The  witness  would  not  undertake  tf  say  that  what  he  had 
stated  was  the  whole  substance  of  the  note ;  but  he  believed 
It  was. 

Witoessthen  proceedeil  in  the  usual  manner  to  state  further, 
and  said,  that  Capt.  ttull,  who  had  been  seat  over  the  river 
with  a^ag,  did  not  return  untU  after  the  British  flag  was 
hoisted—That  G«n.  Hull  came  within  a  few  paces  of  the 
marque^in  which  Col.M'Donald  and  Captain  Glegg  were- 
that  Gen.  HuU  was  conversing  with  Col.  Findlay,  who  spoke 
with  considerable  warmth;  that  witness  did  not  hear  dis- 
tinctly, but  understood  that  he.  Col.  Findlay,  would  have 
nothing  to  do  with  the  capitulation— that  Lt.  Col.  Miller  and 
Captain  Brush  were  directed  to  confer,  and  did  confer  with 
the  British  Officers  with  respect  to  the  terms  of  the  capitulb- 
lion— that  Lieut.  Col.  Miller  at  the  time  had  a  violent  fit  of 
ague,  and  lay  on  the  ground  while  the  oflicers  were  engaged 
in  drawing  up  the  articles  of  capitulation  y  that  many  of  the 
American  officers  assembled  near  the  marqiiee,  when  Gen. 
Hull  desired  them  to  retire  j  and  that  witness,  who  was  one' 
of  them,  retired  accordingly. 

Witness  then  stated  that  during  the  cannonade  of  the  16th, 
hfc  saw  Gen.  Hull  get  up  once  for  some  particular  purpose, 
and  perhaps  twice ;  and  that,  during  the  residue  of  the  time, 

he  was  sittinv  nn  aik  nU  «»><    »..  „^-_»ii.* .j>  ^<     . 


^ 


\  1! 


(liegroundfWHh  "his  back  against  the  ratnparts^^iS^^imdei' 
0(6  curtfdn  trearest  Ihe  enemy. 

'  Il^f  trt  tbe  sdlckatSen  ef  the  prhoner's  ceurndthe  i-e' 
majl^deir  of  the  cridenee  -was,  to  he  taken  down  hy  ^uestioa 
aad  antinner. 

<^.'  "Were  the  appearance*  eondneC  and  eonvcrsation  of 
Ocm  HifflsiMiliaiBtoindtteeabelief  dfat  he  was  wider  the 
influence  of  personal  fear  ? 

A.    I  have  always  nnderstood  that  the  pass!  "^r  is 

indidtted  hy  eertidA  lodka  atid  aetioas;  and,  jm  .  ^^  Aom 
past  IsnoWlrdge  on  thatt  suhjeet,  I  thoUght  him  under  the  in- 
flnewcc  of  fear:  his  whole  eonduct  ihade  titat  impression  en 
Krty  Mfndiit  CheMfime^^The  reasons  that  indaced  me  to  draw 
Yliat  ciotoelutnmiilrei^  ;Jfhat  tlie  General  selected  the  safest 
phiee  in  the  Ibrt'  Air  ma  seat*  on  an  eM  tent  on  the  ground 
nndleaned  against  the  rampairts  between  the  guard  house  and 
tlie  gate :  his  voice  trembled  when  he  spoke — ^Iie  apparently 
tmeeneeiOiHAy  filled  his  wtouth  with  tobaeeo,  putting  in  quid 
nfter^dy  more  tbaa  lie  generally  did:  the  s^tle  eoloured 
^vri\i  l6baeeo<^ee  ran  from  his  mouth  on  his  neckcloth; 
lieard,  eravnt  acnd  vetrt-^he  wovid  rub  the  lower  pai<t  of  bii> 
iaee*  whieh  win  apparently  eovered  with  s^de :  he  wa^ 
i-epeatedly  informed  'that  the  enemy  were  erossiing  €he  river, 
hut  be  lofl^  no  meaBures  to  impose  them,  witli  w^hieh  I  am 


The  witness  thisn  'pmeoeded  tio  state  that  tlie  American 
troaptt  were  edled  Into  the  Ibrt — wbioh  was  very  miroh  eroud- 
«d)  before  tliO'  articles  -of  ef^ulatioa  were  ^gned.  Thai 
-whenGent  UtAl  was  informed  that  the  enemy  were  crossing, 
tie  «i«de  no  <oCher  ai»wer  to  lUeutenaat  Peokham  ;((o  the 
kiiowlcdgeof  wit oess)  than  «  are  they ooming?**  That  wit- 
ness stood  at  the  eorner  of  a  slip  ^leading  to  tlie  gate  ofithe 
liart>  aoid  attempted  toeount  the  9ritidi  troops  on  entering 
the  fort—that  the  troops  in  advance  were  the  41st,  in  pla- 
rtoons  of  foui^cen  files,  as  well  as  the  York  milKia  v«dun- 
teei« — twenty  nine  platoons,  two  deep,  Im^ddoats-^that  the 
mttitia  platoonseensisted  of  no  more  than  seven  or  eight  files, 
and  comiMtsed  one  third  «f  the  whoU  f«ve&— probably  seven 
hundred  and  fifty  whites — of  which  the  remaining  two  thirds 


•T' 


\ytte  regulars  and  uniform  miliUa.  Witness  suppbses  thi^ 
Indian  force  to  have  been  more  than  one  hundred  and  fifty, 
although  he  only  saw  about  that  number  dfawn  up  to  fire  a 
salute  as  he  understood. 

Witness  says  that  the  spirit  of  the  American  troops  to 
meet  the  enemy  was,  in  his  opinion  of  the  most  laudable 
kind,  and  he  believes  pervaded  the  whole  of  them,  but  cer- 
tamly  his  regiment,  the  4th-and  that  when  at  Urbana  he 
was  at  a  grand  parade  ;  which  was  the  only  time  he  saw 
the  whote  of  the  troops  together  for  parade. 
^mtion  by  tlie  courf-^What  was  the  state  of  the  diseipUne 
01  the  army,  generally  » 

A.  I  never  saw  the  army  parade  but  once  at  Urbana,  and 
therefore  cannot  judge^I  can  answer  only  for  the  tth 
regiment.  The  4th  regiment  had  bleu  on  service  four 
years,  and  was  in  good  discipline. 

The  court  adjourned  to  the  next  day. 

i2th  day,  Tuesday^  Feb.  iith,  181*. 

SmcII,„g^,oxami«a,i„„was,hencoi,Unu^.  ^ 

The  witness  stated  that  he  iofopmed  Gen.  HuD  «n  >!.. 

casks  of  one  hundred  pounds  eaeh  were  brongrCS 
la.Z^rf.^''^^"'^  '•^"•y  '■«'"""»••  before  S^ea^ta 

-ndsfor  caeh  ,„a.  of  tV^h  risr;^;;"  ;Si;h^^ 


4i 


at  ihe  surrender,  and  that  he  h»s  no  knowledge  of  any  ceuaei} 
of  war  held  on  (he  occasion  of  the  8urrcqder.>-Here  the  di* 
rcet  questions  of  the  Judge  advocate  ceased. 

Q.  By  a  member  of  the  Court— -What  was  the  amount  of 
Hoe  effective  American  force  at  Detroit  ? 

A.  I  am  unable  to  answer^-The  ^th  regiment  according  to 
my  recollection  had  not  more  than  three  hundred  and  twenty 
effective  men — in  the  aggregate  about  four  hundred  men. 

Q.  Whether  was  it  usual  for  commanders  of  detach- 
meats  of  regiments  and  of  companies  to  send  daily  for 
orders  ? 

A.    It  was. 

Q.  Whether  were  the  U.  S.  troops  so  placed  by  the 
oyders  of  Gen.  Hull,  as  to  prevent  them  from  acting  with 
efloet?  t 

A.  The  main  body  of  troops  were  so  crouded  in  the  fort 
as  to  render  it  impossible  for  them  to  act  offensively— that 
is,  just  before  the  articles  of  capitulation  were  agreed  upon — 
the  orders  were  given  to  CoU  Findlay  immediately  after 
five,  when  the  flag  was  sent  by  Capt.  Hull. 

CROSS-EXAMINED  BY  GENERAL  HtTLt. 

Q.  From  whom  did  yon  receive  your  orders  to  return 
fi^om  your  station  at  Spring  Wells  at  day  light  on  the  morn- 
ing of  the  16th  ? 

A.  From  some  person  in  the  General's  family— I  do  not  re- 
collect whom. 

Q.  You  say,  by  one  of  the  GeneraPs  family :  do  you  mean 
by  one  of  his  aids,  or  by  whom  ? 

A.  From  Brig.  Major  Jessup,  I  believe,  but  am  not 
certaii-^-on  my  return  I  reported  myself  to  General  Hull. 

Major  Snelley,  on  aretisal  of  the  evidence,  here  stated  that 
there  was  a  man  called  Col.  Wallace,  not  recognized  by  the 
officers,  who  wore  two  epaulets. 

Q.  Did  you  return  n^h  your  detachment  alone,  and  at 
what  hour  ?  '^ 

A.  I  returned  with  my  detachment  before  day.  I  think 
day-dawn  was  perceptible  on  my  arriva^at  the  fort,  but  am 
not  certain.  W"  '^ 


4td 


lie  amount  of 


ti.  Where  did  you  first  go  o  when  you  returned  from  the 
Springwells  ? 

A.  The  piece  of  artillery  I  left  at  the  gate  of  the  citadel  $ 
my  detachment  I  marched  with  into  the  fort 

Q.  Were  yuu  in  bed  after  you  returned,  and  how  long  be- 
Ibre  the  firing  commenced  ? 

A.  The  piece  of  artillery  I  left  at  the  gate  of  the  Citadel 
my  detachment  I  marched  with  into  the  fort. 

Q.  Were  you  in  bed  after  your  return,  and  how  long 
before  the  firing  commenced  in  the  morning  ? 

A.  On  my  return  I  enquired  for  Gen.  Hull,  and  could 
find  no  one  who  could  tell  me  where  he  was.  I  then  went 
into  a  room  occupied  by  Capt.  Dyson,  and  threw  myself  down 
upon  a  straw  bed,  ahd  had  been  there  but  a  few  minutes^ 
having  scarcely  lost  my  recollection,  when  I  heard  a  guQ 
fired. 

Q.  After  you  reported  to  the  General  that  the  enemy 
were  crossing,  were  not  the  troops  at  the  alarm  post  and 
at  the  fort,  and  formed  between  the  enemy  and  the  fort  2 
What  troops  were  there  so  formed,  and  how  formed  ? 

A.  I  did  not  report  on  my  arrival  from  Springwells  that 
the  enemy  was  crossing.  I  afterwards  discovered  them  from 
the  parapets  :  at  the  time  it  was  reported  they  were  cross- 
ing the  4th  regiment  was  on  the  parapets :  as  to  the  dispo- 
sition of  the  other  troops  I  cannot  say. 

Q.  Where  were  Col.  Findlay*s  corps,  and  the  residue 
of  Col.  M' Arthur  and  Cass's  at  this  time  ?  Or  where  did  you 
find  them  when  you  were  ordered  to  Col.  Findlay  to  direct 
him  to  retreat  ? 

A.  I  found  Col.  Findley  in  advance  of  the  fort  Howards 
the  enemy,  behind  a  picket  fence.  I  thinkjMaj.  Denny  was 
a  little  in  the  rear,  on  the  left  fiank. 

Q.    Was  I  in  the  fort  when  the  officers  were  killed  ? 

A.  I  do  not  know  that  Gen.  Hull  was  in  the  fort.  I  saw 
him  immediately  after.  ^m 

Q.    How  long  was  it,  after  the  Officers  were  killed,  that 
the  white  flag  wa^^isted  ? 
#    A.  I  did  not  kfaflUhat  the  white  fla?  was  hnistAil.  nnp  Hul 
{  see  one  until  ii^  ^  hands  of  Capt.  Hull ;  and  that  was  a 


m 


4A 

short  time  aftfir  the  pffieors  were  WIlod-^iMii'lMips  fin  how, 
or  fifteen  or  twenty  minutes. 

Q.  Was  it  after  I  came  into  the  fort  and  before  the  white 
ag  was  in  Capt.  Hull's  hands,  that  you  saw  me  in  the  situ- 
ation described  yesterday  ? 

A.  I  cannot  say  it  was  at  that  time  that  I  saw  Gen.  Hull 
in  the  situation  described—I  think  it  was  at  the  time  Capt. 
Hull  was  fixing  the  white  ilagon  the  staff— the  General  was 
standing  near  the  ramparts. 

Q.  Is  it  not  within  your  recollection  that  I  was  several 
times  that  morning  on  horseback,  with  Colonel  Findley'8 
i«giment,  the  Michigan  militia,  in  the  upper  part  of  the  town 
and  at  the  batteries  ? 

A.  I  think  the  General  was  out  of  the  fort  that  morning, 
liut  where  I  cannot  say— .1  saw  his  horse  tied  in  the  passage, 
Q.  Was  I  not  out  during  the  cannonade  ? 
A.  Not  to  my  knowledge. 

Q.  How  did  it  happen  that  you  sent  your  orderly  book  by 
the  vessel  to  Detroit  ? 

A.  I  had  but  one  large  trunk  for  my  baggage,  and  a  small 
portmantau  which  would  not  contain  the  book— I  was  order- 
ed to  send  my  baggage,  and  of  course  sent  the  book. 

The  cross  examination  was  here  ended,  for  the  present. 
Major  Snolling  was  again  examined  by  the  court  and  stated— 
That  when  the  enemy  wei'c  crossing,  they  were  observed 
hy  witness  and  other  oflicers  from  the  parapet— that  Gen. 
Hull  was  then  standing  on  the  ground,  on  the  parade  within 
the  fort  J  and  he  does  not  recollect  seeing  Gen.  Hull  on  the 
parapet  to  view  the  enemy  5  who,  when  they  had  crossed, 
>vere  m.  of  sight  of  the  witness  in  the  fort.  Witness  heard 
no  order  from  Gen.  Hull  for  the  purpose  of  ascertaining  the 
number  of  the  enemy's  force,  nor  did  he  know  of  any  measures 
being  taken  for  that  purpose— That,  when  the  first  report  was 
Siiade  that  the  enemy  we||^crossing  witness  stood  by^  and  is 
confident  no  order  for  tflFpurpose  was  given,  but  measures 
might  have  been  taken  aiterwards  without  his  knowledge — 
Capt.  SamLJI^CormickfOfU.  S,  JRon^gMgheing  sworn,  suicf^ 
That  he  belonged  to  the  north  western||mi^  under  the  coni-'" 
iiiand  of  Geo.  lluU^  that  he  joined  it  at  U^baup  and  contirueU 


46 

with  it  until  tho  capitulation—that  by  desire  or  the  Governor 
he  acted  as  adjutant  to  Col.  Findla^^'s  Reg.  ofOhio  volunteeri, 
that  he  reoolleets  detachments  being  frequently  taken  from 
that  regiment— that  those  detachments  were  frequently  de- 
tained for  want  nf  provisions,  sometimes  half  a  day,  and  that 
they  sometimes  went  and  returned  without  any—that  he  never 
knew  an  order  issued  that  the  quarter-master  was  to  draw 
provisions— that  he  was  at  Detroit  at  tho  time  of  the  capit- 
ulation— that  Col.  Findlay's  regiment  was  encamped  in  tht 
rear  of  the  town  on  the  15th,  when  the  cannonading  commenc- 
ed—that they  lay  on  their  arms  all  night,  and  had  a  chain  of 
^sentinels  posted  nearly  three  hundred  yaitls  in  advance— that 
Capt.  Kemper  of  the  waggoners  with  about  thirty  volunteers, 
formed  a  picket  guard  along  a  fence— that  it  was  expected  tho 
savages  would  attack  from  the  woods— that  Capt.  Bobinson, 
with  his  company  was  In  a  meadow— that  during  the  night  he 
received  no  orders  from  G.  Hull-that^he  was  not  present  when 
Col.  Findlay  received  orders  from  General  Hull  on  the  16th 
August  to  return,  but  joined  Col.  Findlay^  after  he  had  receiv- 
ed that  order--that  the  Col.  appeared  dissatisfied  and  distress- 
ed, and  almost  determined  not  to  obey  it— that  witness  had 
halted  two  of  the  companies,  when  the  Col.  rode  up  to  him, 
and  told  him  tomarch  on— that  between  9  and  10,  A.  M.  when 
ordered  to  halt  near  the  fort,  on  the  outside.  Col.  Findlay  and 
witness  dismounted  from  their  horses,  went  into  the  fort  to- 
gether, and  enquired  for  Gen.  Hull,  who  was  seen  sitting  on 
something  on  the  ground  with  his  back  to  the  ramparts — that 
Col.  Findlay  asked  Gen.  Hull  «  What  in  hell  am  I  ordered 
here  for  ?'*  to  which  question  the  General,  in  a  low^trembling 
tone  of  voice,  replied,  stating  the  number  of  men  Wled  in 
the  fort,  (witness  thinks  three  men)  that  a  surrender  would 
be  best — that  he  could  procure  better  terms  fi*om  General 
Brock  at  that  time  than  if  he  waited  a  storm — that  the  reply 
of  Col.  Findlay  was— terms  !  Damnation  !  we  can  beat  them 
on  the  plain.    I  did  not  come  hei^fgk)  capitulate  ,*,  I  came  to 
%/jf— Col.  Findlay  enquired  where  Col.  Miller  was,  turned 
and  left  the  General—a  moment  afterwards  I  left  him.    The 
4?(^nci'al,  appearcdflpieh  agitated,  and  in  as  great  fear  as  I 


46 


m 

'■'.;# 


mm 


erer  saw  any  pertion — he  had  used  so  much  tobacco  as  (o  have 
the  lower  part  of  his  face  much  discoloured  hy  it. 

Capt  M<Cormick»  continuing  his  evidence,  stated  that  the 
troops  that  were  out  on  the  lines  marched  into  the  fort  about 
the  time  the  Britisli  officers,  General  Hull  and  Col.  Miller  and 
Brush  went  to  the  officers'  quarters—that  to  the  best  of  his 
recollection,  Col.  Findlay's  regiment  was  on  that  day  between 
430  and  )i60  strong,  who  marched  into  the  Port -that  there  were 
under  arms,  outside  of  the  fort,  (and  who  also  marched  in)  in- 
cluding Col.  Findlays  regiment,  Major ,  from  eolonel 

M<  Arthur's  regiment,  the  company  of  waggoners  belonging 
to  captain  Kemper,  part  of  Col.  Cass's  regiment  under  Capt. 
Sanderson,  and  a  detachment  of  Michigan  militia  under  Lt. 
Brady,  a  number  which  he  estimated  at  between  800  and  1000 
men — that  the  fort  was  very  much  crowded— that  the  spirit 
of  the  men  formed  outside  the  fort  was  evinced  by  their  say- 
ing, they  would  have  an  opportunity  of  revenging  themselveB 
for  the  injuries  they  hadreceived,  by  killing  most  of  the  enemy- 
that  many  of  the  private  soldiers  were  seen  to  shed  tears  in 
abundance  on  receiving  the  orders  of  surrender,  that  the  pick- 
et fenee,  behind  which  Col.  Findlay's  regiment  was  posted, 
vas  generally  so  close  as  that  the  rails  nearly  touched  each 
other,  and  many  of  the  men  employed  tomahawks  to  open  a 
space  for  their  muskets — that  on  the  evening  of  the  15th,  the 
quarter-master  supplied  Col.  Findlay's  reg.  with  as  many  cart- 
ridges as  the  boxes  could  contain— .that  he  never  heard  any 
complaints  of  the  quantity  of  the  provisions  or  ammunition, 
though  he  did  of  the  quality ;  nor  were  any  apprehensions 
enter^ncd  of  a  scarcity,  there  being  in  the  town  plenty  of  ssilt^ 
of  pon^nd  sheep,  grain  and  stock. 

CAPT.  M'CORMICK   WAS  NOW  CROSS  EXAMINED  BY  THE 

PUISONER. 

<^.  How  long  was  it  after  the  cannonading  ceased,  before 
your  Reg.  marched  from  the  picket  fence  ? 

A.  Probably  fromoiMo  three  quarters  of  an  hour. 

Q.  How  long  was  it  after  the  cannonading  that  yoi^  arrivr 
pd  at  the  fort  ?  ^^ 

A.  About  half  an  hour.  ^B:  » 


Q.  Did  you'  not  see  me  at  the  picketed  feii«e  whea  Col* 
^iidlayH  regiment  was  there  ? 

A.  1  saw  you  oQce  that  {norning ;  it  appears  to  me  it  was 
fliere. 

The  eourt  adjourned  to  the  next  day. 
X^lh  day,  Wednesday,  Std  Feb,  181^ 

the  court  met  pursuant  to  adjournment,  when  Brig.  GeiK 
era!  Duncan  M'Arthur  was  sworn,  and  stated— That  he  be- 
longed 10  the  North  Western  army  commanded  by  Genertil 
Hull,  and  was  elected  to  the  command  of  the  1st  regiment  of 
Ohio  volunteers  at  Dayton  j  that  they  marched  from  Dayton 
to  Stanton,  and  thence  lo  Urbana— that  he  knows  of  no  mate- 
rial occurrence  in  the  army  until  its  arrival  at  Blanohard's 
fork,  now  known  by  the  name  of  Fort  Findlay.    That  on  or 
about  the  evening  of  the  26th  June,  an  express  arrived  from 
Chillicothe  with  a  letter  handed  to  General  Hull,  who,  after 
reading  it,  gave  it  to  the  witness ;  the  witness  thinks  it  was  a 
letter  fi-om  the  Secretary  of  war,  dated  18th  June,  1812-that 
he  cannot  recollect  the  whole  precise  words,  but  that  the  sub- 
stance was  « that  circumstances    had   occurred   there   (at 
Washington)  which  rendered  it  necessary  for  General  Hull  to 
proceed  to  Detroit  with  all  possible  expedition,  prepare  for 
defence  and  wait  farther  order8."-.that  witness  also  received 
by  the  same  express  a  letter  from  a  friend  at  Chillioothe^ 
giving  a  postscript,  said  to  bo  from  a  letter  from  General 
Worthington,  senator  in  Congress. 

Q.  Do  you  know  that  the  letter  you  speak  of  is  in  exist- 
ence ?  ^ 

Here  arose  an  objection,  on  the  part  of  General  Hull,  to 
parole  evidence,  **  unless  it  be  proved  that  the  letter  has  been 
lost  or  destroyed.'' 

A.  I  do  not— it  may  or  may  not  be  in  existence. 

Q.  Did  you  communicate  the  46ntents  of  that  letter  to 
Creneral  Hull  ? 

A.  I  did. 

Q.  What  were  i#feontent9? 


The  court  was  now  closed  for  the  purpose  of  considering 
the  objection,  and  the  propriety  of  disclosing  the  contents  oF 
the  letter  again— When  tlie  court  was  opened,  the  objection, 
was  declared  to  be  overruled. 

A.  The  postscript  to  tlie  letter  communicated  to  General 
Hull  was  «  before  this  reaches  you,  Avar  will  bo  declared.*' 
Co!.  Dunlap,  the  express,  al«o  stated  to  witness  that  the  in* 
pressiou  at  Chillicothe  was  that  war  was  declared ;  this  I  also 
communicated  to  General  Hull,  who  asked  me,  when  he  put 
the  Secretary  of  war's  letter  into  my  hands,  what  I  thought  of 
i^--to  which  I  replied  that  I  thought  it  a  notice  of  a  dedara^ 
fion  of  war— Some  farther  conversation  ensued,  upon  the 
whole  of  which,  and  a  comparison  of  former  communications 
frwu  Washiflglon  from  time  to  time,it  was  inferred  that  war 
was  then  declared^ 

General  M«Arthur  now  proceeded  in  the  usual  manner,  an4 
stated-that  Col.  Cass  was  at  that  time,  in  advance,  opening 
the  roadr  and  Gen.  Hull  j.  oeeeded  after  him  with  the  army> 
and,  as  witness  thinks,  on  the  third  day  in  the  afternoon  ar- 
rived at  the  Rapids  of  Miami,  after  passing  through  some  wet 
roads  in  the  prairie— that  platoon  officers  and  men  appeared 
desirous  of  crossing  the  river  that  afternoon,  and  to  wade 
across  for  the  purpose  of  cleaning  themselves- that  witness 
applied  to  General  Hiill  for  permission  to  cross  the  river, 
which  was  refused;  and  the  army  ordered  to  encamp,  and  oh 
the  next  morning  the  army  was  ordered  to  shift  and  put  on 
clean  elothes».-that  some  time  was  taken  up  in  making  the 
men  appear  toadvtrnti.*e  in  passing  a  settlement,  prineipallv 
consisting  of  Fi'eneh  iwhabitarits-.that  the  army  crossed  the 
river  m  Aoats,  passed  through  a  village  in  sections  or  small 
platoons*  and  encamped  about  four  miles  from  the  place 
whence  it  started— M'itness  thinks  this  was  on  the  last  day 
of  the  month-some  time  was  taken  up  in  mustering  the  men 
and  calling  the  rolls. 

Geo.  M« Arthur  then  stated  that  General  Hull  sent  for  him 
(the  witness)  to  his  tent,  and  on  witness's  arrival  asked 
what  he  thought  of  sending  the  baggage  by  water ;  to  which 
...  — .-4,..-.,,,  .a  :,u^=i«i,cr,  inui  lie  meuglit  it  would  be 
rather  hazardous  as  the  British  might  be  iuformed  of  the 


Oeelaration  ot'traf,  and  seize  the  Tessel—that  vritnew  thinks 
Gen.  Hull,  stated  that  he  eouM  not  imagine  there  was  any 
danget,  and  that  if  the  wind  was  fiiir»  the  vessel  would  pass  ill 
a  very  short  time— that  it  was  not  probable  6he  would  be  mo- 
lestcd,  and  that  he  eould  not  think  of  taking  the  responsibility 
of  cariying  the  teams  any  farther— That  witnest  believes  thet« 
was  an  order  issued,  but  whether  verbal  or  Irritten  he  does 
hot  recollect,  directing  the  baggage  to  be  sent  on  by  water- 
that  the  risk  of  sending  the  baggage  by  water  was  the  snl^feet 
of  general  conversation  in  the  camp,  and  that  witness  stated  to 
Gen.  Hull  that  he  would  take  as  much  6f  his  own  baggage 
by  land  as  he  could,  which  he  did.    That  the  ariny  pro- 
ceeded towards  Detroit  from  the  foot  of  the  Rapids,  aUd  on  the 
Ist,  or  2d,  July  the  commanders  of  regiments  were  called 
lipon  by  the  General  to  attend  at  his  tent,  and  wew  iaibniied 
of  the  receipt  of  a  letter  by  him,  notifying  the  declaration  of 
war—that  the  army  proceeded  on  its  march,  and  on  the  se- 
cond  night  eneamped  near  River  Raisin,  where  the  men/who 
were  then  undressed)  were,  as  usual,  dressed— that  the  umy 
encamped  near  Swan  Creek,  about  nine  miles  from  the  rives 
Raisin— that  rumours  were  afloat  among  the  inhabitants  that 
We  should  be  attacked  by  the  Indians  on  the  river  Huron,  six 
miles  from  the  encampment,  and  that  Col.  Findlay  and  the 
Witness  called  upon  General  Hull,  and.  stated  that  they 
thought  it  would  be  advantageous  to  agree  upon  seme  plan 
of  battle  in  case  of  an  attack. 

The  witness  then,  proceeded  to  state  that  in  the  order  of 
march  hitherto  pursued,  his  regiment  had  marched  in  two 
battalions,  one  of  them  in  the  rear  of  colonel  Findlay'g  i^«. 
iment,  and  the  other  in  the  i-ear  of  Col.  Cass's  regimentl 
(hat,  as  from  this  position  of  his  men,  he,  the  witness, 
could    not  be    with    both    his  battaHons,    he  wished  to 
have  them  formed  in  one  line,  if  an  attack  should  take  places 
ho  therefore  applied  to  Gen.  Hull  who  observed  it  would 
be  well  enough  to  do  so  ;  and  then  witoess  suggested  that  hit 
regiment  should  be  formed  in  the  rear,  across  the  road,  for 

!,.f  J"T?  °^  *'?'''T6  ""«  ^'»«  «f  »  »««"»w  square,  for 
«^05n^5  "^^«^eh  pcrmiss^:  was  granted  by  General  Hull :  that. 
witness  then  retired,  and  does  not  recollect  whether  he 


mj 


\ll  I  i 


Mt  nthet  officers  ivith   General    Hull  or  not Hial 

the*^  army  arrived  at  the  river  Huron  about  the  middle 
of  the  day  on  which  it  left  Swan  Creek,  and  found  some 
hands  building  a  bridge  across  the  Huron — that  the  front 
halted,  and  witnesses  regiment  formed  in  the  manner  stated 
to  have  been  agreed  to  by  Gen.  Hull. — ^That  some  tim«  be- 
fore the  baggage  waggons  came  up,  and  before  the  tiridge 
was  in  a  state  for  passing,  witness  suggested  the  propriety  of 
having  some  victuals  cooked ;  to  which  the  General  replied 
that  the  bridge  would  soon  be  ready  for  crossing,  and  he 
therefore  thought  it  would  scarcely  be  worth  while— that  it 
was  however  late  before  the  bridge  was  ready,  and  when  it 
was,  the  army  crossed  and  encamped  in  a  marshy  prairie,  on 
the  banks  of  the  Huron— that  the  troops  were  late  in  getting 
their  rations,  and  in  consequence  of  orders  being  given  to  put 
out  fires  at  10  o'clock,  many  of  the  men  were  obliged  to  lie 
down  without  supper,  which  excited  much  murnmring— that 
complaints  were  made  to  the  subalterns,  and  by  them  to  those 
of  higher  rank— that  witness  himself  rep^sented  the  hard-- 
ships  of  the  case  to  Gen.  Hull,  but  the  fires  were  not  re- 
kindled, and  the  men  were  ordered  to  march  next  mornings 
without  breakfast.  The  troops  in  advance  proceeded  so  rap- 
idly that  the  line  was  frequeWly  brolen,  and  more  than  a 
mile  long,  in  consequence  of  several  muddy  fords  near 
Brownstown— that  witness  rode  up  to  Gen.  Hull  and  re- 
quested him  to  halt  the  front  of  the  line,  stating  that  if  the 
army  sliould  be  attacked,  they  never  could  unite  their  force— 
tliat  in  consequence  of  this  application  the  front  was  halted 
until  the  baggige  came  up,  and  then  the  army  proceeded 
along  the  river  until  it  reached  an  Indian  settlement  of  two 
or  three  houses,  when  the  General  halted  and  the  band  play- 
ed a  considerable  time— that  the  army  marched  on  some  way 
when  a  firing  of  cannon  was  heard  in  the  direction  of  De- 
troit or  Sandwich ;  in  consequence  of  which  the  march  was 
quickened,  and  the  principal  part  of  the  army  arrived  at 
Springwells,  but  the  rear  guard  and  baggage  did  not  pass 
River  Rouge— witness  thinks  this  was  on  the  5th,  July— the 

»  .nnamm>fl  at  Si>rinewells,  fo^minK  one  straight  line. 

The  witness  proceeding  in  his  evidence,  said  that  he  bclicve» 


01 

the  next  day  Col.  Cass  was  sent  to  Maiden  with  a  flag  of 
tpuce,  and  on  the  suoceeding  day,  as  witness  thinks,  returned 
with  the  same  in  a  boat,  in  company  with  a  man  said  to  be  a 
British  officer  of  the  navy,jand  a  boats  crew -of  about  half  a 
dozen— -that  these    men  passed  at  discretion   by  witness's 
regiment,  without  being  blindfolded— that  after  remaining 
some  time,  the  British  officer  returned  and  halted  in  front 
of  witnesses  regiment  and  enquired  where  the  rest  of  his  crew 
were,  and  was  informed  they  were  down  the  lines  j  he  then 
ordered  the  others  to  go  in  search  of  them,  and  during  their 
absence  continued  walking  backwards  and  forwards  in  front 
of  witness's  regiment,  and  could  take  a  full  view  of  the  whole 
encampment— that  witness  stated  at  the  first  in  as  moderate 
terras  as^he  could,  his  dis[dcasure  and  disgust,  at  se^ng  the 
British  officers  indulged  so  much,  and  that  General  Hull  repli- 
ed in  a  good  natured  easy  way,  that  «<  it  waB  not  material,  as 
the  more  they  saw  of  his  force,  the  less  they  would  like  it,"  or 
words  to  that  cfTect-that,  soon  after  this,  the  General  directed 
the  witness,  and  he  presumes  other  commanders  of  regiments, 
to  put  the  troops  in  the  best  possible  order  for  marching  them 
to  Detroit,  and  they  were  accordingly  marched  to  that  place 
-along  the  river,  leaving  their  baggage  at  SpringweUs-that 
this  march  was  performed  Ia(e  in  the  evening,  when  they  im- 
mediately returned  to  Springwells,  without  halting,  very  late, 
and  the  men  much  fatigued-That  General  Hull  remained  at 
Detroit,  consequently  the  command  was  supposed  to  have 
tlevolvcd    upon    the  witness-that  witness  is  not  certain 
whetheritwas  on  that  night;  but  one  night,  when  the  troops 
were  at  Springwells  and  Genei-al  Hull  was  at  Detroit,  the 
Tirmy  heard  as  was  thought,  the  movements  of  the  enemy  on 
the  opposite  shore,  transporting  heavy  carriages,  supposed  to 
be  artillery;  upon  which  this  witness  despatched  a  messen- 
ger to  General  Hull  informing  him  of  the  impression-after 
some  time  had  elapsed  the  enemy  wci-e  heard  to  cry  <  alVswelV 
on  the  opposite  side-the  witness  does  not  recollect  who  was 
sent  with  the  message,  which  was  a  verbal  one,  but  heard 
nothing  in  reply  from  thcfirst  messcnger-that,  afterhearing 

. ,  . " ■    -  '«"'^"  «"u  iisucriaining,  au  was  supposed, 

the  number  (o  be  five,  it  m  as  concluded  by  the  witness,  Col, 


8;,4i 


U.,h 


IV  J, 


**« 


rth< 


Ui 


Findlay  and  Majw  Jessup  that  the  enemy  had  formed  an  en* 
campment  on  the  opposite  side — Witness  thinks  he  sent  quar-i 
ter-master  General  Taylor  and»  he  belieyes,  Major  Jessup  tQ 
Inform  Cieneral.Hull  of  the  result  of  their  observations,  and 
with  a  request  that  he  would  send  down  some  boats,  or  have 
them  colleeted,  and  direct  at  what  point  they  might  be  fpund. 

Gen.  M<Artliur  was  proeeeding  to  state  more  particiilarly 
the  information  which  quarter-master  Taylor  was  instructed 
to  give  G.  Hull  respecting  an  enemy  ^s  detachment  being  on  the 
opposite  side  of  the  river,  and  also  that  permission  was  reques- 
ted to  eut  them  off^  when  the  prisoner  addressed  the  Court  in 
the  following  words :  « I  beg  that  the  J.  Advocate  may  state 
under  what  specification  the  testimony  now  given  is  offered* 
and  if  it  be  not  specified,  under  which  of  the  charges  it  is,  I 
object  to  it.  I  cannot  be  prepared  to  defend  myself  against 
charges  which  have  not  been  exhibited.  I  pray  that  this  ob- 
jection may  be  considered  as  extending  to  all  the  testimony 
General  M< Arthur  has  given  relative  to  the  visit  of  the  Bri- 
tish officer,  as  well  as  to  that  he  is  now  giving  relative  to  *^<) 
appearance  of  a  British  force  while  the  army  was  at  Sphiig- 
,^dlls :  and  I  pray  that  this  objection  may  be  entered  on  the 
iliainutes." — Whereupon  the  Judge  Advocate  waived  for  the 
present  the  farther  examination  of  General  M'Arthur  on  the 
points  objected  to. 

General  M'Arthur,  then  continuing  his  narrative,  said 
that  bethought,  and  still  thinks,  the  landing  place  at  Spring-* 
wells  (he  best  and  most  commanding  place  for  a  battery  on 
.;|letroit  river— one  could  have  been  erected  there  by  a  few 
hands  in  a  few  hours —such  a  battery  would  have  com- 
manded the  plain  witliln  cannon  reaeb — there  was  none 
erected  from  the  llth  to  the  16th  of  August,  nor  at  any  other 
time — that  when  the  army  marched  from  Spriugwells  to 
Betroit,  it  took  a  back  route;  which  General  Hull  stated 
"iV^s  for  the  sake  of  preventing  the  enemy  from  ascertaining 
his  numbers,  and  for  concealing  his  movements  from  Spring- 
wells— that  the  army  encamped  at  the  back  of  Detroit,  and 
continued,  he  believes,  till  the  morning  of  the  12th  July,  when 
it  crossed  the  river  in  boats,  in  two  divisions — the  4th  Reg. 
and  Col.  Cass's  formed  the  iirst  division^  witness's  regiment 


58 

and  (hat  of  Col.  Findlay's  were  in  the  second  divlaion— he  be- 
lieves there  were  not  boats  sufficient  to  transport  the  whole 
army  at  one  time— that  after  landing,  on  the  opposite  shore 
nearly  opposite  Detroit,  the  expectations  of  the  witness  were 
that  the  army  would  have  proceeded  on  towards  lijlalden ;  it 
was  however  ordered  to  encamp,  which  was  done  ;  andin  th^t 
place  the  main  body  of  the  army  remained  until  it  recrossed 
to  Detroit.  ^ 

The  witness  then  continued  to  state  as  follows— That  on 
the  day  after  the  army  crossed  the  river,  orders  were  given 
by  General  Hull  to  throw  up  an  entrenchment  round  the  en- 
campment, which  was  done— that  when  the  army  arrived 
there,  there  was  a  picket  fence  on  the  upper  and  lower  side  of 
the  encampment;  one  also  on  the  rear,  but  which  not 
suiting  the  views  of  General  Hull,  was  removed  and  placed 
on  the  bank  side  of  the  encampment.  That  on  the  evening 
of  the  13th,  as  witness  thinks,  after  the  bank  had  been  thrown 
up,  and  after  the  troops  had  lain  down  and  taken  their  first 
nap,  General  Hull  sent  for  witness  and  told  him  he  had  re- 
ceived information  from  some  dragoons  that  a  party  of  Indi- 
ans had  been  at  Maiden  and  were  seen  returning  up  the  De- 
troit river  towards  the  river  Thames,  and  directed  witness  to 
call  out  too  or  120  men  of  his  regiment  to  be  joined  by  some 
from  Col.  Findlays,  with  whom  he  was  ordered  to  mai'oh  at 
a  moment's  warning  and  without  provisions— at  the  same 
time  General  Hull  expressed  a  wish  that  witness  should  take 
and  secure  some  flour  which  was  on  the  river  Thames— That 
the  detachment  marched  about  seven  or  eight  miles,  when 
the  rkien  lay  down  to  rest  and  conceal  themselves  'till  day 
light,  being  without  provisions— that  the  next  morning  they 
condnued  their  rout  until  they  were  about  twenty  miles  dis- 
ta-ut  from  General  Hull's  camp,  and  then  halted,  cooked  a 
cow  and  bought  some  flour—on  their  march  they  saw  some 
Indians,  all  of  whom  escaped,  except  a  squaw  and  three  chil- 
dren—that the  detachment  then  proceeded  up  the  Thames, 
procured  a  considerable  quantity  of  flour  and  a  number  of 
boats  and  canoes,  and  brought  them  to  the  main  body. 

General  M'Arthur  then  said  that  about  the  time  of  hlsre- 
furn  to  Camp  from  the  expedition  just  described,  Col.  Cass 


t 


H    ' 


r:  M 


WA  '' 


and  Miller  were  returning  from  river  Aux  Canards— that  on 
the  next  day,  as  he  thinks,  Gol.  Fiodiay  was  ordered  with  his 
detachment  to  the  same  river,  and,  on  the  day  succeeding, 
another  detachment  was  ordered  down  under  the  command  of 
Capt.  Snelling  ,*  perhaps  on  the  third  day  after  his  return, 
witness  was  ordered  down  to  the  river  Aux  Canards,  with 
part  of  his  regiment,  with  a  view  to  ascertain  whether  the 
Queen  Charlotte  could  reach  the  bridge  wMi  her  shot— that 
witness  ascertained  pretty  well  that  she  was  not  in  a  position  to 
do  SQ-— that  he  met  Capt.  Snelling  that  morning,  who  said 
he  had  been  at  the  bridge— that  witness's  detachment  fired 
at  "long  shot  at  some  Indians,  who  were  approaching .  the 
bridge,  which  circumstance  drew  out  some  troops  from  Mai- 
den—50  or  60  men  wearing  red  coats,  some  militia  and  about 
50  Indians,  who  were  fired  at  across  the  river— that  fires 
were  exchanged  across  the  river  Aux  Canards,  and  one  or 
two  of  our  men  were  wounded — that  some  guns  were  at  the 
same  time  fired  from  the  Queen  Charlotte,  but  whether  with 
any,  or  what  efl^ect,  witness  cannot  say. 

The  Court  adjourned  until  to  morrow* 

lull  day,  Thursday,  Fehruary  3d,  ISli. 

The  Court  met  pursuant  to  adjournment,  when  Brig. 
Oeneral  M'Arthur  continued  his  narrative  as  follows— 
That  when  witness  was  returning  he  met  Col.  Cass  also  re- 
turning, and  understood  that  the  Indians  were  killing  some 
of  the  inhabitants  on  the  Petit  Cot  settlement.  That  wit- 
ness then  returned  with  Col.  Cass  and  found  the  informa- 
tion to  be  incorrect— that  he  does  not  recollect  any  other  de- 
tachment having  been  sent  down  to  river  Aux  Canards,  but 
one  under  Major  Dennie,  nine  days  afltcr  witness  had  return- 
ed, which  was  defeated  by  the  enemy  and  returned  to  the  camp 
the  next  morning— that  frequent  calls  of  ofllcers  commanding 
regiments  were  made  by  General  Hull,  respecting  measures 
to  bo  pursued,  at  least,  upon  an  average,  once  a  day,  while 
the  army  was  on  the  Canada  side  j  at  which  meetings  General 
Hull  was  frequently  urged  to  move  on  to  river  Aux  Canards, 
Pf  dowa  io  Maiden— witness  thinks  General  Hull  said  l»c 


^   66 


only  waited  to  hare  some  eannon  mounted  to  make  a  breaob 
in  the  enemy's  worlds  at  Maiden.  That  about  the  time  wit- 
ness returned  from  river  Thames^  or  French,  the  General 

stated  that  he  supposed  cannon  would  be  ready  in  a  few  days 

sometimes  he  said  in  two  days,  sometimes  in  four,  at  others  in 
a  week,  and  so  on—plans  were  frequently  proposed  for  taking 
down  the  cannon  (2*  pr.)  tq  rirer  Aux  Canards— three  float- 
ing batteries  wero^commenced,  two  completed,  but  witness 
does 'not  recollect  whether  before  or  after  the  fall  of  Maok- 
anac — that  the  opinions  of  the  Gen.  and  of  the  field  oiB- 
oers  were  frequently  taken  in  the  councils,  and  that  Gen. 
Hull  declared  that  he  apprehended  that  the  faU  of 
Macanac  would  induce  many  Indians  to  descend  the  lakes^ 
or  to  shower  in  from  the  upper  lakes — ^He  thinks  it  waa  at 
that  time  that  General  Hull  proposed  to  erect  a  picket  fiirt  on 
the  Canada  side ;  but  the  ofiioers  thought,  and  it  was  urged 
by  them  to  General  Hull,  that  it  would  be  more  adyiseable 
to  make  an  immediate  attempt  upon  Maiden  than  to  delay  a 
long  time  to  ^^rect  the  fort ;  and  they  frequently  stated  to 
him  that  there  could  be  no  doubt  of  success,  as  there  was 
frequent  information,  by  deserters,  of  the  enemy's  force  at 
Maiden,  as  .well  as  concurrent  reports  of  the  militia,  some  of 
whom  said  that  the  regular  force  of  the  British  did  not  exceed 

tw4  hundred,  others  stated  two  hundred  and  twenty these 

militia  could  never  give  the  exact  amount  of  the  Indiao 
force,  but  supposed  that  for  the  first  fortnight  it  was  from 
fifty  to  one  hundred— they  also  stated  that,  at  the 
time  of  General  Hull's  crossing  to  Canada,  the  militia 
force  was  about  five  or  six  hundred,  but  that  they  were 
daily  deserting,  and  there  was  no  doubt,  but  that  they  would 
leave  Maiden  upon  the  first  appearance  of  our  army — Com- 
manding  officers  were  called  upon  by  General  Hull  to  ae- 
oompany  him  to  select  a  spot  for  erecting  a  picket  fort-- 
several  were  proposed  by  field  officers,  but  were  not  approved 
of  by  General  Hull—at  length  a  place  was  fixed  on,  by  advice 
ef  M^jor  (then  Lieut)  Anderson  as  the  General  stated ;  but, 
in  the  witnesses  opinion,  one  of  the  most  unmilitary  spots 


nil*  a   tnVt.   nn   thn  ■•■*«»•.    en  |Vin  aa  Ua    had   4novolIa<1 


BC8S  told  General  Hull  that  tue  place  was  incapable  of  bdin^ 
vrell  fortified,  pointed  out  to  liim  that  a  man  standing  at  a  cer- 
tain distance  (about  one  hundred  yards)  could  overlook  the 
picket  and  the  fort,  so  as  to  see  a  man's  feet  while  upright  in 
the  fort,  and  told  him  that  he  himself  could  fight  a  whole 
garrison  from  that  place.    That  some  days  after  the  fitill  of 
Mackanao  was  reported  in  camp,  commanding  olficers  were 
eonvened,  when  General  Hull  stated  that  every  thing  (mean- 
ing floating  batteries  &c.)  would  be  ready  in  a  few  days,  and 
that  the  object  of  calling  them  together  was  to  consult 
whether  it  was  best  to  wait  a  few  days  for  the  heavy  caiinon^ 
or  make  an  attack  on  Maiden,  or  return  to  Detroit,  leaving 
a  small  garrison  at  the  work  about  to  be  erected— that,  as 
witness  believes,  the  officers  were  unanimously  opposed  to  re- 
C'ossing,  and  some  were  of  opinion  that  we  should  attackMal- 
den  immediately  without  heavy  guns— that,  at  a  counsel  of 
ofiiccrs,  it  was  stated  by  two  Artillery  ofiicers,  that  Itetween 
Forkey  river  aMid  that  of  Aux  Canards  it  was  marshy,  and 
that  near  Maiden  heavy  gims  could  not  be  worked  without  a 
platform— that  another  council  of  field  officers  was  held^ 
when  General  Hull  stated  that  he  was  about  to  send  ofTMa- 
jor  Van  Home  with  a  detachment  to  river  Raisin,  the  amount 
of  which  witness  does  not  recollect,  but  believes  to  have  been 
about  two  hundred  men— that  witness  stated  to  General  Hull 
that  the  number  was  too  small,  and  that  they  would  inevit. 
ably  be  defeated ;  on  which  the  General  appealed  to  the 
other  field  officers  present,  who  agreed  with  the  witness  that 
the  number  was  insufficient—each  commander,  (that  is,  Col. 
Findlay,  Col.  Cass  and  the  witness).-proposed  taking  his 
own  regiment,  which  would  then  have  formed  about  double 
the  force  of  the  proposed  detachment— Major  Van  Home 
was  however,  detached.   Witness  well  remembers,  after  Ma- 
jor Van  Home  left  the  camp,  his  (witness)  going  to  General 
Hull  and  telling  him  what  he  thought  of  Major  Vanhorne's 
danger,  and  recommending  his  sending  a  farther  force  to  join 
him  that  night ;  when  the  General  replied  that  Major  Van- 
horne  was  sent  by  a  back  route.    Witness  then  told  General 
Hull,  tl-^t  he  haC.  bv'^en  informed  by  a  couple  of  Frenchmen 
that  there  were  no  back  roads  that  they  knew  o^  and  that  tlie 


ipable  of  bdn^ 
ndlng  at  a  cer- 
I  overlook  the 
liilc  upright  in 
fight  a  whole 
*ter  the  foil  of 
J  officers  vrere 
'  thing  (mean- 
few  days,  and 
as  to  consult 
lieavy  caiinoo, 
itroit,  leaving 
ited— that,  as 
opposed  to  re- 
Id  attackMal- 
a  counsel  of 
that  Iietween 
marshy,  and 
ked  vrithout  a 
;rs  was  held^ 
send  off  Ma- 
n,  the  amount 
to  have  been 
General  Hull 
would  inevit- 
ealed  to  the 
)  witness  that 
(that  is,  Col. 
d  taking  his 
about  double 

•  Van  Home 
rs,  after  Ma- 
g  to  Geueral 
'  Vanhorne's 

force  to  join 
Major  Van- 
told  General 

*  Frenchmen 
and  that  tlie 


mhtry  i^as  intersected  with  marshy  prairies  from  below  the 
tiver  Aux  Canards ;  and  he  again  requested  General  Hull  to 
send  a  farther  force  to  join  Major  Vanhorne,  but  the  General 
paid  little  attentioti,  and  replied  there  was  no  fear,  he  would 
do  very  well* 

Brigadier  General  M<Arthur  then  stated,  that  he  wa« 
Afterwards  sent  for  by  General  Hiill,  who  said  he  intended 
to  leave  the  vritness  with  his  regiment  to  occupy  the  picket 
fort  which  he  so  cordially  despised^  and  that  he  himself, 
ivith  the  residue  of  the  army  would  return  to  Detroit— that 
on  this,  witness  became  warm,  and  in  his  reply  to  the  General 
stated  \he  hardship  of  his  regiment  being  left  to  bo  sacri- 
Jlced  to  the  enemy,  and  said  that  if  it  were  bis  order,  he  would 
6bey  it,  but  thought  it  would  be  better  to  have  a  force  de- 
taUed— that  witness  stated,  and  it  was  admitted  by  the  Gen- 
eral  that  the  ^ork  could  not  be  defended  against  eanitoa^ 
but  only  against  small  arms,  and  there  was  no  doubt  that 
the  British  woiild  bring  cannon— he  rccolleota  telling  the 
prisoner  that  he  thought  the  leaving  a  detachment  ther« 
eould  only  produce  disgrace  to  the  officer,  though  it  might 
cover  his  own  disgrace  in  reerossing  to  Detroit ;  upon  which 
General  Hull  made  in  reply  aa  insinuation  of  cowardice  in 
the  witness,  who  became  warm  and  felt  much  hurt  by  the  in- 
sinuation, and  said  that  if  General  Hull  would  advance  to 
Maiden,  he  would  prove  that  he  could  go  as  far  as  the  Gen- 
eral or  any  of  his  friends  could  go  or  would  dare  to  go-^ 
that  witness  then  retired,  and  in  about  an  hour  after,  an  or 
derly  came  to  desire  witness  to  repair  to  General  HulPs 
quarters,  where  he  was  met  by  the  other  commanders  of 
regiments,-  on  which  occasion  General  Hull  stated  that  he 
had  called  them  together  for  the  purpose  of  adopting  their 
opmions  as  his  own^that  as  the  officers,  including  his  own 
son  and  his  son-in-law  differed  in  opinion  from  him,  respect- 
ing the  re-crossing  the  river,  he  would  move  against  Maiden 
at  the  head  of  his  troops,  «  and,"  said  he,  « in  whatever 
manner  the  affair  may  terminate,  I  never  will  reflect  upon 
you,  gentlcmen."~lmmedialely  after  which  an  order  wa» 
issued   to  Dreoarc    for  »n   ntta..h  .,«„«    ti*-i.i-- 

<i.:«i.„  *f  •  "     "        ,      .  —   ""  "*'""    -i-iawc-i — witness 

thinks  this  was  on  the  day  before  the  army  re-crossed-The 


m 


!K: 


ir;-'- 


detenninaiion  was  communicated  to  the  platoon  officers,  an^ 
by  them  to  the  ^voopg,  who  appeared  highly  pleased  at  tho 
confident  expectation  entertained  of  attaoicing  the  enemy->* 
The«e  preparations  were  continued  until  about  the  middlw 
of  the  tfekt  day,  i^hen  General  Hull  again  sent  for  the  fieli 
ofiieers,  and  stated  to  thc^,  that  notwithstanding  the  respect 
he  had  tor  their  opinions,  he  considered  himself  responsible 
Ibr  the  movements  and  the  ultimate  fate  of  that  army,  aud 
that  he  had  come  to  a  determination  to  re-cross  tlie  river« 
for  the  protection  of  the  fort  and  town  of  Detroit,  to  which 
vritness  replied,  *t  Well,  General,  if  it  is  your  opinion,  it  roust 
be  so,  but  I  must  beg  leave  to  decline  giving  any  further 
opinion  as  to  the  movements  of  tiio  army." — I'pon  the  pro- 
mukgation  of  this  order  to  the  men,  they  apjieared  dispirited 
and  dejected,  and  seemed  regardless  of  what  they  did — Tli* 
army  recrossed  according  to  order  and  took  post  at  the  bac^ 
of  the  town  of  Detroit. 

The  witness, then  proceeded  to  state  that,  as  he  thinki# 
on  the  day  the  army  recrossed.  Col.  Miller  wsis  despatcheil 
(as  before  stated)  to  oiicn  a  communication  with  the  River 
Raisin,  and  that  on  the  evening  of  the  9th  July,  witness  was 
sent  for  by  General  Hull  who  acquainted  him  of  the  battle 
Of  Col.  Miller's  detachment  at  Brownstown,  and  ordered 
witness  to  collect  the  boats  and  proceed  with  one  hundred 
men  to  bring  back  the  wounded,  but  to  call  first  at  the  com- 
missary'? stores  and  draw  one  day's  provieionb  <jr  Col.  Mil- 
ler's detachment,  which  was  out  of  provisions— that  the  wit- 
ness was  detained  three  or  foiir  hours  in  procuring  the  pro- 
visions, in  which  time  he  met  iiVith  Col.  Godfrey,  of  the 
Michigan  militia,  who  appeared  io  know  the  business  on 
which  Vyitciiss  was  going,  and  who  told  witness  that  he  might 
gOf  but  it  would  be  impossible  for  him  tO  return  with  his  de- 
tachment on  the  river ;  and  Col.  Godefrey  was  therefore 
desired  by  the  witness  to  come  down  with  some  waggons, 
which  he  did — witness  then  proceeded  on  the  service  ordered, 
e&cted  the  objects,  returned  as  far  as  he  could  by  water, 
and  then  took  the  waggons  brought  by  Col.  Godefrey  to 
transport  them  to  Detroit— during  part  of  the  time,  the 
enemjr's  ships  were  firincr  crane  and  other  shot  unoh  the 


S9 

itiMhwmt    That  on  his  return  to  Detroit,  wltneit  wu  ipr 
Ibrmed  that  there  was  some  ordnance  transporting  liy  tho 
British  on  the  opposite  side,  which  he  in  part  saw,  and  that 
there  were  four  men  in  red  coats—this  matter  he  eommuni. 
•ated  to  General  Hull,  who  replied,  as  witness  thinics,  that 
he  had  heard  of  it-that  witness  asked  if  he  Icnew  where 
theardliery  stopped,  but  the  General  did  not  know— witness 
expected  that  if  he  did  know,  they  could  have  been  dislodged 
by  our  batteries.    That,  an  hour  or  two  after  this,  G.  Hull 
■ent  for  the  witness  and  informed  him  that  iatelligenee  bad 
arrived  that  some  of  the  enemy  had  landed  at  Hog-Island, 
and  directed  witness  to  proceed  wS'.h  some  of  his  dragoons 
and  endeavour  to  ascertain  the  fact—witness  did  so,  and  distin- 
guished by  means  of  a  sp  -jjlara,  a  bright  bay  horse,  but  heard 
that  no  British  had  crossed  to  the  Island-that  after  proceeding 
several  miles  up  the  river,  witness  returned,  and  on  his  re- 
turn saw  fifteen  or  twenty  men  with  red  coats,  on  the  oppo- 
site side  of  the  river,  employed  in  digging— this  witness 
thinks  was  on  the  morning  of  the  14th  August,  and  the  men 
were  at  the  same  place  where  the  enemy  had  been  erecting  ^ 
battery  previous  to  the  American  army's  crossing  to  Canada. 
That  about  the  middle  of  that  day  General  Hull  sent  for  the 
witness,  and  stated  that  he  had  received  a  letter  from  Capt 
Brush,  dated  at  River  Raisin,  where  he  had  arrived  on  his 
way  to  Detroit,  whither  he  meant  to  proceed  by  a  back  route ; 
in  which  Setter  Capt.  Brush,  expressed  a  wish  for  a  detaeh- 
mentto  meet  him— that,  soon  after  witness  had  returned  to 
Camp*  an  order  was  issued  for  him  and  Col.  Cass  to  send  one 
hundred  and  fifty  men  from  each   of  their  respective  reg- 
iments, making  SOO  men,  and  to  proceed  upon  that  service- 
that  in  the  afternoon  General  Hull  asked  the  witness  if  he 
was  ready  to  march,-  witness  replied  he  was,  but,  as  usual, 
without  a  bit  of  any  thing  to  eat— General  Hull  said,  «  The 
detachment  must  not  be  detained.     Go  on,  provisions  will  be 
sent  by  men  well  acquainted  with  the  roads  you  are  to  take." 
The  detachment  was  directed  to  proceed  to  a  certain  point 
and  wait  fop  guides,  which  it  did-the  guides  came,  and  old 

Col.   Gfldpf  PPV  WQfi  nttA  aF  tflaniM 


551  ;„ 


m'i\ 


I 


'■i  n 


1|; 

i 


»i''')v 


HpiffluHi  by  t^  toiirt— Was  it  uinal^ivUen  Oeneral  orders 
were  iMued  for  sending  out  detaohmentsy  that  those  orders 
directed  a  supply  of  rations  for  any  number  of  days  ? 

A«  None,  when  F  was  ordered  on  detaebment. 

Genera]  M'Arthur  proceeded  with  his  narrative,  stathig 
that  the  detachment  after  halting  that  night,  proceeded  oo 
their  march  on  tiie  morning  of  tlio  15th,  having  on  the  pre. 
ceding  evening  gone  24  miles  from  Detroit,  and  that  many 
of  the  men  were  quite  exhausted— that  the  guides  were 
mounted,  and  they  had  five  or  six  dragoons,  some  of  whom 
were  despatched  to  the  river  Huron  as  far  as  Godefrey's 
trading  house,  unless  they  should  meet  Capt.  Brush,  in 
'  tvhich  case  they  were  to  return  with  the  information<-they 
returned  in  the  evening,  not  having  seen  any  thing  but  In- 
dian traits—On  this  a  consultation  was  heldjwith  the  officers, 
who  considered  it  useless  to  proceed— they  had  heard  nothing 
of  the  provisions  which  were  to  be  sent  after  them.  That 
tuc  detachment  then  cunimenced  their  return,  and  after 
travelling  half  a  mile  towards  Detroit,  met  some  mountwl 
•men  with  a  note  from  General  Hull,  the  substance  of  which 
was  that  General  Brook  was  on  the  opposite  side  of  the  river 
and  had  summoned  the  town  to  surrender,  and  ordering  the 
dotachment  to  return  as  soon  as  possibler-^ne  man  pro* 
ceeded  according  to  orders  to  river  Raisin.  Witness  then 
said  that  during  the  march  of  the  detachment  on  its  return, 
the  rear  could  not  keep  np,  and  two  men  were  put  on  each 
horse,  in  order  to  relieve  them— that  at  night  the  men  were 
permitted  to  lie  down,  and  the  officers  stood  centinels — that 
on  the  morning  of  the  10th,  they  resumed  their  march,  and, 
shortly  after  leaving  their  encampment,  heard  the  firing  of 
cannon,  which  occasioned  them  iQ  hasten  their  march  until 
they  crossed  the  river  Rouge— -when  they  reached  the  spot 
of  encampment  on  the  first  night  from  Detroit,  the  men 
were  halted  for  refreshment,  and  three  or  four  mounted 
dragoons  (one  a  Frenchman)  were  despatched  to  ascertain 
what  was  the  occasion  of  the  firing— that  the  march  was 
then  resumed  and  continued  until  within  three  or  four  miles 
of  Detroit,  when  some  of  the  dragoons  first  despatched  wcro 
mvi,  \v?5Q  gdYv  infqmiiition  imi  they  had  seen  forty  gr  m} 


I. 


61 

f  adiani  at  the  bMk  of  Detroit  eatehing  boriei  and  kUliiK 
eattle,  and  that  thej  had  aeon  soine  penoa  who  infaruied 
them  that  the  fort  had  surrendered  ;  they  said  howerer  that 
the  American  flag  was  still  flying  at  the  fort— that  the  de- 
tachmentwas  (hen  drawn  up  in  line  of  batUe;  that  they 
•OCT.  heard  that  General  Hull  had  agreed  to  surrender  the 
rort  J  and  that  the  Amerioan  colours  would  be  hauled  dfiwa 

General  M'Arthur  said,  that,  on  reoeiving  this  inteJU- 
genoe.  it  was  determined  to  malce  a  retrograde  moTement  of 
about  three  and  a  half  miles  on  the  rirer  Rouge,  about  the 
mouth  of  mill  creak,  where  an  ox  was  killed,  roasted  and 
eaten  by  the  men  without  bread  or  salt,  being  their  first  meal 
«nee  they  left  Detroit,  exeepting  «»me  green  corn.    That  a 
eouncil  of  officers  was  held,  in  which  some  proposed  a  farther 
i-etreat,  while  others  thought  that  by  such  a  measure  they 
would  immediately  foil  a  sacrifice  to  the  Indians ;  and  finaUy 
It  was  resolved  to  send  Capt.  MauHfield  with  a  flag  to  asoer. 
tam  what  terms  were  or  could  be  made  for  our  detachment, 
with  a  perfect  understanding  of  the  sentiments  of  the  oflicen 
of  the  detachment,  and  with  instrueUons  to  return— that  a 
short  time   after   captain  Mansfield's  departure,  captain 
Llliot  came  with  some  Indians  and  a  flag,  and  delivered^ 
note  fiom  General  Hull  addressed  to  the  witness— he  also 
brought  the  articles  of  capitulation— Some  other  British  of- 
ficer came  with  some  of  those  who  aecompanied  captain 
Mansfield-captain  Elliot  stated  that  he  was  going  on  to 
captain  Brush  to  .inform  him,  and  obtained  a  few  lines  from 
witness  to  him,  written  on  the  back  of  General  Hull's  letter- 
that  the  detachment  then  marched  into  Detroit,  accompanied 
by  Major's  Dixon  and  Erbb  of  the  Indian  department-that 
with  respect  to  the  ammunition  in  fort  Detroit,  he  reeoUeets 
seeing  a  great  many  cannon  balls  passing  about  the  fort,  and 
he  thinks  he  saw  about  40  casks  of  powder,  of  about  100  lbs. 
cach-ho  heard  of  no  scarcity-the  general  calculation  was 
that  there  were  provisions  for  about  26  days  for  the  army— 
that  is  public  provision,  independent  of  other  provisions  in 
the  power  of  the  army.       ^  -. 

Here  General  M*Arthur's  narrative  was  concluded,  when 
he  was  examined  by  the  members  of  the  Court. 


0 


6ft 


,. 


!'!  it' 


,'iiJ 


f-,l 


Q.  How  many  vum  eouid  your  boats  take  over  at  a  time  i 

A.  More  than  one  thousand. 

Q.  What  was  the  strength  of  your  regiment,  on  the  Uth 
August,  in  the  morning? 

A.  About  five  hundred  effectire. 

Q.  What  was  the  number  of  proTinoial  militia  on'' the 
Canada  side  t 

A.  One  or  two  hundred.  V 

The  Court  then  adjourned  to  the  next  day. 

IBtfc  day,  Friday  Mfc  F(c6riiary,  181*. 

The  Court  opened  as  usual,  all  the  members  being  present, 
when  Brigadier  General  M<Arthur  was  cross-examined  by 
the  prisoner. 

Q.  Were  you  with  the  army  at  Stanton  ? 

A.  I  was. 

Q.  Was  not '  ihe  army  ordered  out  for  the  purpose  of 

manoeuvering  ? 

A.  My  regiment  was  every  day,  I  think,  that  we  were 
there— the  thi-ee  regiments  were  one  day  out  together  and 
marched  to  the  other  end  of  the  town. 
1^.  Did  they  not  pass  me  in  review  ? 

A.  I  do  not  recollect.  I  think  I  saw  General  Hull  out  in 
the  street  as  we  passed  up  and  down. 

Q.  Hid  not  the  whole  army  turn  out  to  receive  the  4th 
regiment  on  its  approach  to  Urbana,  and  was  it  not  reviewed 
by  General  Hull  in  company  with  Governor  Meigs. 

A.  I  reeoUect  seeing  the  General  and  Governor  with 
some  musicians  in  the  street  on  the  left,  to  whom  the  ordinal^ 

salutes  were  paid. 
Q.  Was  not  the  whole  army  mPiched  out  of  Urbana  in  a 

body  for  exercise  I 

A.  To  my  recollection,  they  turned  out  for  General  Hull 
and  Governor  Meigs. 

Q.  Was  not  General  Hull  in  command  of  the  army  at 

that  time  ? 

A    1  Koi:ova  iittk  nnmmanA  was  ipansfopmed  to  him  at 

Dayton  by  Governor  Meigs. 

Q.  Do  you  not  recollect  my  passing  the  army  in  review, 
^d  returning  in  couseciuence  of  a  storm  ? 


iliUa  on'lhi 


il  Hull  out  In 


A.  I  lio  BOt  reoollMt,  but  think  H  possiUe. 

Q.  Wlien  (he  army  bad  crossed  tbe  Miamiy  as  joa  h^ 
iUated  in  your  direct  examination,  did  tbey  not  pass  me  in 
review  at  tbe  village  ?  r-  «■ 

A.  I  think  I  observed  General  Hull  standing  with  a  band 
of  musie,  about  thirty  yards  on  the  left  of  the  road--.!  recd- 
lect  being  eaUed  by  General  Hull  to  take  command  of  the 
"S^'i" J**  ^^•^ng  *o  stay  sometime  in  the  town. 

Q.  Did  no^m  army  in  passing  the  General  salute  him.  aa 
IS  usual  at  reviews?  ^ 

A.  It  is  probable  that  the  army  saluted,  but  not  as  Is  usual 
at  reviews,  as  the  general  was  not  situated  as  is  usual  at 
reviews.  ^ 

Q.  Did  you  salute  the  general  as  you  p«;8sed  ? 
A.  I  thinki  did,  but  am  not  certain,  as  he  was  rather  at  a 
distance ;  possibly  I  did.  *"ww« 

or^wT***  '***'  "^«  mustered  on  the  last  day  of  June,  by  my 

that  the  men  were  mustered  on  that  day,  or  whetherit  was  Z 
omiscquence  of  *he  standmg  custom  to  muster  the  m^J^ 
the  last  day  of  every  month,  for  the  puipose  ofdrawirL? 
The  general  may  have  issued  the  order.  "™^"«  W' 

Q.  You  have  stated  that  in  passing  the  settlement  of  the 
^ver  Raisin  the  troops  went  through  the  usual  parade.  iZ 
that^done  by  my  o«lers,  and  did  not  the  troo|«  pass  m7"u 

A.  I  think  it  was,  and  to  the  general  surprise  and  dlssat. 

A.  It  was  usual  to  fortify  the  camp  by  falling  trees  around 

SnerarH  U^  '^^''^^^^^^8  officers  of  regiments  f  , 
General  Hull,  at  (he  commeacement  of  the  march.    I  do 
/  Fas*«vm«r  oraers,  DUi  Ihc 


»ffici^on  that  night. 


camp 


4i 


!(-'! 
l'}i 


{"r. 


jl    '    M 


hi 


Q.  Did  General  Hull  make  any  olgection  to  the  jtnodci  <»f 
fortification  7 

A.  I  do  not  recollect  tliat  he  did. 

Q.  Was  the  paper  now  shewn  to  you  an  order  of  battle  at 
any  time  and  when  agreed  upon  ? 

A.  It  looks  like  the  order  of  march,  but  is  not  that  of  bat* 
die — ^Here  the  witness  stated  that  on  his  ^«ct  examination 
he  did  not  recollect  that  any  order  of  batcwllid  been  agreed 
upon,  at  the  time  he  alludes  to,  at  Swan  Cr^l>k?^ut  that  upon 
subsequent  reflection  and  conversation  with  some  of  the  offi- 
cers, ho  now  reeollects  that,  at  the  time,  in  addition  to  per- 
missiiMi  being  given  him  to  foran  his  regiment  as  mentioned,  an 
orderof  battle  was  suggested  and  agreed  upon  by  the  officers^ 
This  was  on  the  evening  after  he  obtained  permission— -but 
he  does  not  recollect  if  Creneral  Hull  was  consulted  or  not. 

Q.  Did  General  Cass  accompany  the  British  officer  to 
Cieneral  Hull's  quarters  after  landing  near  Spring  Wells  ? 

A.  Somo  tink^,  perhaps  an  hour,  after  the  boat  arrived  at 
the  shore  I  saw  the  officer  go  to  general  HuIl^s  quarters  and 
General  Cass  with  him,  having  first  passed  by  in  the  boat. 

Q.  Do  you  know  that  I  had  any  information  that  the 
British  sailors  were  about  the  camp,  in  the  manner  you  have 
mentioned  ? 

A.  I  do  not  know  that  the  General  had  any  information^ 
any  more  than  seeing  them  pass  about  his  own  quarters. 

Q;  Did  you  send  me  any  such  information  I 

A.  I  did  not  know  there  were  any  more  than  those  seen 
ajNout  the  General's  quarters  until  I  heard  more  enquired 
for.    I  did  not  send  any  information  to  the  General. 

Q.  Touhave  stated  that  on  the  14th  August,  the  British 
fortified  opposite  Detroit.  Will  you  state  the  situation  o|' 
the  fortifications  they  erected  in  relation  to  the  works  ^ 
Which  Major  Dennie  was  left,  when  the  ai'my  returned  fronlr 
Canada  P 

A.  The  plaee  where  the  British  were  at  work  wss  about 
one  hundred  yards  above  the  place  where  we  eneamped 
when  on  the  Canada  side,  and  about  half  a  mile  from  the 
works  where  Maior  Desnie  was  left  when  the  mnin  b^dv  ei' 
♦he  army  crossed  the  river  on  the  ist,  July. 


0  die  modfi  of 


er  of  battle  at 


65 

Q.  l^etbei'  vrti9  there  any  other  informaiioii  reiiejliired  tof 
j  declaration  of  war,  excepting  what  was  received  atFind- 
iay'g  blockhouse? 

A.  I  do  not  recollect  any  other. 

Q.  Was  i  not  always  at  the  head  of  the  atmy  iu  pas^ 
Ihrough  the  wilderness  ?  * 

A.  I  believe  y<^u  were.  ' 

Q,  When*  t  had  occasion  to  be  absent,  did  I  not  give  in* 
formation  to  you,  as  second  in  command,  to  take  the  ooin- 
mandofthearmy? 

A'  On  the  mai*ch  I  believe  you  did. 

Q.  Was  I  not  at  all  times  during  the  march,  while  with 
the  army,  in  a  situation  to  have  ordered  (|  disposition  of  tha 
troops  in  case  of  an  attack. 

A.  I  cannot  say,  as  f  was  in  the  rear|  and  understood 
General  Hull  to  have  been  in  the  front 

Q.  Was  not  the  order   of  march  reversed  sometimes- 

which  brought  your  regiment  m  front?  "* 

A.  I  do  not  remember  its  being  so  reversed,  uhtil  the  4,tk 

Regiment  ^joined  us  at  Urbana— before  that  time  my  regiment; 

inarched  in  front. 

Q.  (By  a  member  of  the  Court.)  IJid  not  Geneiid  HuU 
arrest  or  threaten  to  arrest  you,  when  you  told  him  his  ob- 
jjject  was  to  disgrace  the  officer  detached  to  remain  at  Sand- 
wich, to  cover  his  own  disgrace? 

J  A.  I  did  not  hear  any  thing  of  an  arrest,  but  confess  I 
Expected  one.       '    ,  'i 

Q.  Had  you  any  orders  to  permit  the  British  officer  to 
teview  your  regiment :  if  not,  why  did  you  permit  it  ? 

A.  I  had  no  such  orders.  The  officer  on  his  return  from 
the  General's  quarters  was  accompanied,  I  believe,  by  Capt. 
Hickman,  the  General's  son  in  law.  Tfaiey  stopped  in  front 
bf  my  regiment. 

The  Court  a^ourned  till  the  next  day. 

±6th  dayi  Saturday,  Bth  Februaryt  1814. 

sue  i^ourf  fiiei  pursuant  to  adjournment,  when,  all  tl|» 
members  and  the  prisoner  being  present;  Brig,  €l9fW(ti 


« 


60 


i 


<i  '!l.i 


IHi*     I'll 


I  f  ^1 


SJiif  r  if 
Mia j  III',.  3!!:; 


Lewis  Cass  w&s  again  CMlled,  and  was  proceeding  on  Lis  dt* 
reel  examinationf  when  an  oojection  was  stated  by  the  pris- 
oner*  and  the  eslamination  of  Brigadier  General  Cass  was  for 
the  present  waived  by  the  Judge  Advocate,  as  the  introduc- 
tion of  the  British  officer  itito  the  camp  near  Springwe]ls  was 
not  contained  in  the  specifications  of  charges  against  tlie  ftvh- 
oner. 

Lt.  Col.  Thomas  B.  Yanhorne,  of  the  26th  13.  8.  Infantry 
"was  then  sworn,  and  said  that  he  belonged  to  the  North  west- 
ern army,  under  Brigadier  General  Hull ;  that  he  joined  the 
army  at  Cincinnati  on  the  25th  April,  1812 ;  was  a  major  id 
Colonel  Findlay's  regiment  in  the  May  following ;  and  con- 
tinued with  the  army  until  the  capitulation-that  he  was  twicn 
on  detachments  when  at  Urbana  /  and  was  a  member  of  the 
first  general  council  of  field  officers,  commandants  of  corps, 
ithe  quarter-master  General  and  the  Brigade  major,  held  in 
Canada  about  the  1st  August — that  when  the  Council  was 
assembled,  Genlei>al  Hull  addressed  them  from  a  written  paper 
which  he  held  in  his  liand — the  witness  does  not  recollect  th« 
reasons  for  calling  the  council,  excepting  the  situation  of  the 
-army  ant^  the  expectation  of  a  great  Indian  foVce  to  >  de- 
scend from  the  north — he  does  not  recollect  any  force  at  the 
river  Raisin — he  says  that  the  Gcucral  expressed  his  wish  to 
keep  open  the  communication  with  Ohio-^-that  the  officers  dif- 
fered in  opinio/i  from  the  General,  as  to  the  measures  he  was 
about  to  pursue ;  as  it  Avould  be  necessary  to  recross  the  river 
Vfith  the  whole  or  pai't  of  the  army  to  Detroit,  and  to  take 
positions  with  the  army  on  the  road  to  the  river  Raisin,  and  to 
iboild  blockhouses  at  Brownstown — that  the  river  Raisin,  the 
Bapids  and  Brownstown  were  three  of  the  points  that  were 
mentioned— there  had  been  a  block-house  built  a  few  miles 
from  Detroit  and  between  it  and  the  Rapids— witness  says  th^t 
G.  M*Arthur  was  of  opinion  that  the  army  had  better  attack 
Maiden  immediately,  in  which  opinion  the  officers  generally 
concurred — It  was  thought  that  notwithstanding  the  Block- 
houses the  Indians  would  still  cut  off  our  supplies,  a  de- 
scent on  Maiden  seemed  to  be  generally  determined  upon  in 
the  Council ;  and  the  General  appeared  to  relinquish  his  own 
plan  aoU  to  itdl  in  with  the  general  opinion — that  a  question 


67 


then  arose  whether  the  army  should  proceed  to  make  a  de< 
seent  directly  on  Maiden,  or  wait  two  or  three  days  for  the 
heavy  artillery  already  mentioned — that  votes  were  taken, 
commencing  with  the  youngest  officer,  and  all  taken  except 
one— 6.  Hul^^who  had  taken  the  names,  rose  from  his  scat 
and  appeared  pleased  that  there  was  a  majority  of  officers  in 
favour  of  waiting  for  the  artillery — that  witness,  who  kept  a 
minute  of  the  votes,  observed  to  the  General  that  the  question 
was  not  decided,  and  that  the  votes  were  equal — Gen.  Hull 
appeared  then  to  count  the  votes,  and  said  again  that  thei>e 
was  a  majority  in  favour  of  waiting  for  artillery — witness 
again  observed  that  there  must  be  a  mistake,  as  there  was 
not  a  majority  in  favour  of  that-that  the  General  then  applied 
to  Mr.  "Wallace,  who  was  sitting  on  his  left,  and  while  that 
gentleman  was  counting  the  votes.  General  Hull  observed 
that  Ijte  had  not  taken  the  opinion  of  Quartermaster-general 
Taylor,  and  apologized  to  him  for  the  omission— witness 
says  that  there  was  then  a  tnajoiltyfor  waitingforthe  artillery. 
Lt.  Col.  Yanhorne  then  said  that  on  the  4th  August,  he  was 
detached  with  150  riflemen  and  a  number  of  militia-men  who 
had  refused  to  cross  into  Canada  to  meet  Captain  Bush  on  the 
river  Raisin,  coming  with  provisions.  The  instructions  from 
General  Hull  to  major  Yanhorne  were  then  read,  dated  Sand- 
wich, 4th  August,  18i2,  (marked  G.  Yanbeuren)  also  the 
General  ordprs  of  the  same  4late,  from  Detroit,  (marked  H) 
Lt.  Col.  Yanhorqe  then  proceeded  to  state  that  pursuant  to 
those  instructions,  he  crossed  the  river  to  Uctroit,  that  nighty 
with  the  rlflemeq,  and  collected  the  militia  who  were  to 
go-r-that  when  General  Hull  gave  those  instructions 
to  him,  he  told  the  witness  tliat  although  those  instructions 
were  written  ones,  if  he  found  it  necessary  he  might  deviate 
from  them— this  was  said,  as  witness  believes,  in  presence 

of  General  Cass  and  Captain  Hickman  or  Captain  Hull 

witness  says  that  he  proceeded  with  the  detachment,  crossed 
the  bridge  over  river  Ecorees  and  proceeded  about  eleven 
miles ;  then  posted  his  centinels  and  oliowed  his  men  to  lie 
down  to  rest — tliat  about  day  light  he  called  the  men  to- 


^ 1_ 


Cwtiii    HiiiJuS 


|)rovi3ions,  while  he  himself  went  to  the  settlement  in  order 


69 


l}u  f 


If"""    'i 


'^KV?' 


toind  put  the  back  route  mentioned  in  his  instructions,  aw<^k« 
the  people  collected  all  the  male  inhabitants,  and  enquired 
concerning  the  back  road,  when  thpy  declared  they  had 
never  heard  of  such  a  road—that  he  then  asked  if  one  or  two 
of  thiem  could  not  guide  him  through  the  woods— one  of  them 
answered  that  if  (he  sun  were  to  sliine  all  day,  he  thought  he 
might,  but  otherwise  he  might  lose  his  course;  that  the  coun- 
try was  very  swampy  and  he  thought  it.  would  be  impossible  to 
get  through— that  witness  then  sent  one  of  those  men  off  tq 
General  Hull  at  Detroit,  to  say,  that  in  consequence  of  not 
iinding  any  back  road,  as  stated  in  his  instructioas,  he  woujld 
take  the  Brownstown  road,  where  the  General^might  direct 
the  mail  to  follow— that  wliile  on  the  march  he*  received  the 
letter  marked  J.-he  does  not  recollect  whether  he  received 
it  at  Detroit  or  on  the  morning  after,  but  it  is  in  the  hand 
writing  of  General  Hull— that  wilness  sent  back  a  few  men 
who  were  unable  to  march,  and  proceeded  on  his  way,  intend- 
ing to  make  th^  fiver  Raisin,  .iod  had  advanced  about  three 
miles,  when  Capt.  M'Culloeh  and  witness's  waiter  were  fired 
upon  by  a  party  of  Indians,  about  seven  in  number,  the  former 
was  killed— Captain  JH'CuUock  was  acting  as  a  spye  and 
moving  about. 

Q.  (By  the  Court,)  Had  you  no,  flanking  guards  ? 

A,  There  were  no  flanking  guards— the  fire  took  place 
after  the  detachment  had  passed  on  the  road. 

Wtness  then  said  that  he  formed  his  detachment  into  a 
single  line,  and  onlered  them  to  encircle  the  ground  witere 
they  had  just  heard  tlie  firing— the  left  of  the  detachment 
wrenched  up  the  corner  of  a  fence  when  it  received  another 
ijre  from  those  Ii^dians ;  none  of  the  Indians  were  killed  upon 
the  return  of  the  fire,  but  one  of  Captain  Rostan's  company 
was  killed— witness  then  formed  the  musketry  under  Captain 
Gilchrist— moycd  up  the  remainder  of  the  detachment  and 
formed  three  sides  of  a  hollow  square,  leaving  the  rear  open 
while  the  men  went  to  bring  up  the  dead  bodies— that  about 
this  time  witness  was  informed  that  the  mail  was  near  at  hand, 
and  wished  witness  to  wait  and  give  it  escort— that  this  was 
about  9  o'clock  in  the  morniug— that  having  no  tools  <o  dig 


ihi;  sjuia  iiuVCrCCj  tVUil  riir. 


«» 


^**!« 


jrc«  tViin  HI'. 


Indian  bark  and  lodged  near  a  tree— witness  says  that  about 
this  time  the  Captain,  in  front  reported  that  ho  saw  about 
thirty  Indians*  who  made  off  upon  discovering  the  drtachment, 
upon  which  witness  called  the  officers  together,  and  gave  di. 
rectioos  that  the  orders  of  Captain  Lewis  and  of  Ensigqt 
Hawkswel  should  lie  obeyed  as  his  own—that  the  troops  weria 
then  formed,  an  advanced  guard  sent  under  Ensign  Roily  and 
a  rear  guard  under  Captain  Bostler-^that  the  detachment 
marched  in  two  columns  in  files,  about  thirty  yards  on  each 
side  of  the  i*oad — that  the  advanced  guard  marched  in  files 
in  two  columns,  and  had  three  mounted  men  at  tjie?  head  of 
each  column-— tjiat  Captain  Bostler  being  unwell,  witness  had 
lent  his  horse  to  him,  but  being  apprehensive  of  an  attack, 
took  it  back  and  cautioned  the  men  to  be  prepared  for  action  • 
that  the  detachment  was  then  near  Brownstown-creek  •  that 
they  marched  about  three  hundred  yards,  and  when  the  ad- 
Tanced  guard  got  to  the  edge  of  the  creek  and  in  a  prairie, 
the  detachment  was  attacked  by  a  body  of  Indians  who  could 
not  he  seen,  and  whose  yells  only  were  heard :  that  on  the  first 
attack  the  Indians  left  behind  them  a  small  trunk  and  a  few 
blankets :  witness  says  that  c«n  this  second  attack  being  made, 
he  ordered  the  detachment  to  retire  to  the  edge  of  the  wood  and 
there  form  the  line,  as  it  consisted  principally  of  riflemen— 
that  from  the  number  of  guns  discharged  he  supposed  the 
enemy  to  be  more  numerous  than  the  detachment— that  it 
was  considered  that  a  charge  would  have  been  ineffectual,  as 
the  enemy  could  not  be    seen— that  Captain  Bostler  was 
wounded  in  the  head— that  witness  endeavoured  to  form  the 
line,  our  troops  constantly  firing  as  they  retreated— that  the 
mounted  men  escorting  the  mail  as  well  as  the  others  went 
off  into  the  woods,  rendering  no  assistance-— that  witness 
could  not  get  the  men  formed  until  they  had  retreated  a  quar- 
ter of  a  mile— that  they  then  kept  up  a  handsome  fire  for 
about  five  minutes,  when  the  fire  of  the  Indians  totally  ceased. 
Witness  says  that,  seeing  a  copse  of  trees  appearing  in  the 
prairie  like  s^n  Island,  he  ordered  a  second  retreat,  and  the 
line  to  be  formed  at  the  head  of  the  Island  j  but  that,  not 
having  any  assistance  from  the  mounted  men,  he  coildnot 


'mi 


I  "I," 


70 

form  the  detachment :  they  retreated  in  disorder  by  squads. 
Witnesti  says  that  at  the  first  fire  Captain  Lucar's  horse  was 
shot — that  the  loss  was  eighteen  Icilled  and  twelve  wounded, 
and  about  seventy  missing — that  he  supposes  the  Indian's 
foree  was  from  one  hundivd  and  fifty  to  two  hundred  men — 
Aiiat,  at  the-  time  Captain  M<CulIocl(  was  Icilled,  he  heard  tliat 
boats  had  been  passing  all  nignt,  and  it  was  from  that  con- 
oluded  that  about  three  hundred  Indians  must  have  crossed— 
vritness  then  said  that  on  his  return  he  met  Captain  Snelling*s 
detachment  at  SpringwellS)  who  came,  as  he  said,  to  cover 
witnessWr^reat— -that  he  reached  Detroit  on  the  evening  of 
the  5th,  when  most  of  the  missing  men  returned  to  Camp ;  and 
that  on  the  same  evening  he  reported  himself  and  his  com- 
mand to  General  Hull. 

Major  Vanhome,  continuing  his  evidence,  said  that  he 
never  was  at  more  than  two  or  three  Councils,  and  having 
beard  the  statements  of  Generals  M<.4  »*thur  and  Cass,  does 
not  recollect  any  thing  in  addition  to  what  they  said,  except- 
ing that  on  tlie  morning  of  the  16th  of  August,  Colonel  Find- 
lay  received  a  verbal  order  by  Captain  Hull  to  form  his  reg- 
iment in  line,  in  advance,  and  South  west  of  Fort  Detroit,  in 
tlie  rear  of  the  picket  fence,  with  Col.  Cass's  regiment  on  the 
right  and  Major  Dennie  on  the  left,  with  a  company  of  thirty 
waggoners  and  some  citizens ;  and  that  the  whole  fotee  on  the 
line  amounted  to  between  eight  and  nine  huildred,  bu  whatjthe 
force  of  the  Michigan  militia  was  he  could  not  say-  that  the 
picket  fence  was  about  seven  feet  high,  and  complet>  iy  Cover- 
ed tl;c  men— that  about  an  hour  before  the  white  flag  was 
hoisted,  and  when  the  men  were  formed  in  thi:  manner, 
General  Hull  came  out  during  the  cannonade  and  appeared 
satisfied  with  our  position— it  was  then  un*!  « stood  that  the 
British  had  crossed  the  river— General  Hull  staid  from  three 

to  five  minutes witness  says  that  he  saw  the  I«Hlians  at 

three  quarters  of  a  mile  distance,  and  General  Brock  with 
some  British  officers  on  horseback  communicating  wi(h  them- 
that  after  this,  major  Snelling  came  out  to  the  line  nd  ask- 
ed for  Col.  Findlay  ;  the  cannonading  had  then  ceased,  ami 
^ritncss  then,  for  the  first  time,  saw  the  white  flag  on  «.!  3  fort- 


7i  ,  % 

tliat  Major  Snclling  addreaged  himself  to  wJtoesf,  is^yingi 
«  where  »  CoJ.  Findlay  ?»  and  that  Col.  Findlay's  regiment 
must  retire  into  the  fort;  that  a  flag  was  out  and  must  not 
be  violated— that  Col.  Findlay  did  not  appear  satisfied  at  this 
oitler  but  said  it  must  be  obeyed ;  and  then  ordered  witness  to 
march  his  battalion  into  the  fort  and  stack  arms,  whieh  was 
done.     Witness  is  not  certain  whether  or  not  General  Hull 
was  in  the  fort  when  he  went  in— he  thinks  Lieut.  Hunt  told 
him,  as  lie  was  going  in,  that  G.  HuU  had  surrendered.  He 
says  that  Gen.  Hull  desired  witness  and  several  otherjiffioers 
to  come  into  a  room,  where  he  told  them  that  be  Ignurreii. 
dered  the  town  and  fort  of  Detroit,  and  was  ab^makine 
terms;  and  asked  if  they  thought  of  or  wished  for  any  con- 
ditions—witness thinks  he  saw  General  Hull  near  the  door 
of  one  of  the  rooms  in  the  same  situation  that  Ms^jor  Snelling 
stated,  and,  from  his  whole  appearance,  was  immediately  im- 
pressed with  the  idea  tliat  he  was  under  the  influence  of  fear; 
and,  at  the  time,  communicated  his  thoughts  to  some  of  tho 
other  oflicers.    Witness  says  that  some  time  after  General 
Hull  invited  the  officers  into  the  room,  he  saw  Col.  McDonald 
and  Captain  Glegg  ride  up  to  the  fort  and  come  into  the  room, 
but  he  does  not  know  if  Gen.  Hull  was  in  a  marquee  or  not, 
or  where  the  terms  of  capitulation  were  made  or  agreed 
upon— he  says  that  tlie  fort  was  very  much  crowded.    Wit- 
ness further  says  that  about  the  30th  or  25th  July,  he  was  of- 
ficer of  the  day,  and  when,  as  was  customary  he  called  on 
Gen.  Hull  for  orders,  he.  General  Hull,  estimated  the  reg- 
ular force  at  Maiden  at  about  two  hundred,  and  that  of  the 
militia  to  have  been- originally  about  five  hundred ;  but  said 
t|iat,  from  the  best  information  he  could  obtain,  it  was  then 
reduced  to  about  two  hundred  and  fifty,  and  that  they  were 
leaving  them  daily—the  Indian  force  he  at  the  same  time  . 
computed  at  about  three  hundred. 

Q.  {By  a  wmber  of  the  Court.)  What  was  the  appearanc* 
I  of  General  Hull  at  the  time  he  rode  out  to  youp  detachment 
after  the  enemy  had  crossed.      Was  it  firm  and  animatinc  ? 
A.  I  think  not.  ■ 


*:  :u , 


n 


<!;r<)ss-cxamined  by  general  hull, 

i^.  Had  you  not  an  authority  to  take  a  larger  force  from 
ilie  troopsrat  Detroit,  on  the  ¥\   •  ..Ki?st,  titan  you  did  take? 

A.  I  think  I  had,  1  wn"*  .  -itlia  r:i4  to  take  a  company— 
Capt.  Giiehrists's  Lieut.  I'-i'ni&X  anu  Ensign  Baker's  men--- 
Capt.  Gilchrist  was  at  Sandwich  when  I  took  the  command 
and  received  my  instructions :  I  desired  him  to  cross  and 
draw  rations — he  had  some  difficulty  in  procuring  them; 
took  bipftd  and  weiit  without  the  rest — <^,ii :  /  'Ichrist's 
company  having  been  sent  the  day  before  was  much  fatigued ; 
I  therefore  took  only  thirty  five  men,  and  on  the  next  day 
-was  obliged  to  fend  back  five  or  six,  on  account  of  their  being 
lame  and  niiablc  to  march.  I  did  not  think  it  riecessary  to 
report  this  to  General  Hull.  Wo  never  counted  on  having 
more  than  two  thirds  of  the  companies  when  ordered  out 
upon  detachp^ents  by  companies,  detachments  and  regiments. 

fCP  Colonel  Yanhorne  corrected  this  by  assigning  a  reason 
why  the  detachments  could  not  be  more  complete. 

Q«  Had  not  the  commanding  officer  at  Detroit  orders  to 
place  under  your  command  all  the  militia  who  had  refused  to 
cross  over  to  Canada  ? 

A.  I  do  not  know  for  certainty,  but  presume  not^  as  only 
three  platoon  officers  were  ordered. 

Q.  Uad  you  not  an  order  to  take  all  the  riflemen  6f  the 
army  ? 

A.  I  had  ;  and  did  take  all  those  of  my  own  battalion,  fit 
fbr  duty,  and  those  that  were  paraded  by  adjutants  of  corps. 

Q.  (To  Generals  M< Arthur  and  Cass,  as  well  as  to  Col. 
Tanhome) — What  was  the  force  under  Major  Vanhorne  ? 

A.  (By  the  same.)  The  whole  force  under  Major  Van- 
home  was  estimated  at  two  hundred — It  was  a  subject  of 
much  conversation  at  the  time,  and  with  General  Hull,  that, 
the  number  detached  was  not  sufficient. 

Q.  How  many  troops  were  theic  with  the  mail  ? 

A.  About  18  or  20  mounted  men. 

Q.  Before  you  were  attacked  at  Brownstown,  had  you  sent 
any  of  your  spies  or  reconnoitering  parties  forward  ? 

A.  .1  did  not,  beraiisc  T  thought  it  would  not  do  to  take  up 


Iki   ** 


MO  much  time  as  fo  reeonnoftre  at  ever^  crevice  or  creek,  hav- 
iog  to  return  the  next  nighty  mnkiog  the  best  dispositions  ift 
my  power. 

Q.  At  the  time  I  came  to  Col.  Findlay's  regioient  6n  thb 
morning  of  the  16th,  did  I  not  go  td  the  other  fortes  stationed 
near  you  ?  <         ' 

A.  It  is  probable ;  I  did  not  see  you. 
Q.  How  long  was  it  after  you  stated  to  Capitiiri  Bbstlek* 
that  you  might  be  ati  icked  in  a  short  distance,  tlfut^bu  T^ere  ' 
actually  attacked.  "' 

A.  I  eannot  say  exactly  as  to  the  time,  but  think  it  w^a 
about  half  an  hour— we  hadmarc>><>d  aboutaquarter  of  a  mile. 
Q.  Do  you  not  know  that  on  the  I5th  and  the  following 
night,  I  had  undergone  great  fatigue  :  and  among  those  indi- 
oations  of  fear  which  you  observed,  did  you  oBserve  any  in- 
dications of  fatigue,  care  and  anxiety  or  of  either  of  them  ? 

A.  i  do  not  knowt  General  Hull  was  on  the  ground  once^ 
about  12  o'clock  at  night,  where  we  (Colonel  ^Indlay's  regi- 
ment) were  posted,  and,  I  lielieve,  once  on  the  next  morning, 
when  the  men  were  cooking  their  breakfast,  and  another 
time  at  the  picket  fenee-^Goneral  Hull  was  on  horsebaek — 
He  appeared  dull,  heavy,  dispirited,  and  without  animation— < 
I  have  no  doubt  his  anxiety  added  to  this  appearance.  Wd 
had  all  been  fatigued;  but,  on  com()aring  faces  with  other  vt- 
fleers,  there  was  an  evident  difference. 
The  Court  adjourned  to  Monday  next^  • 

±7th  datft  JV^onday,  7th  Fe^iruar^y,  1814, 

The  Court  met  pursuant  to  adjournment — all  the  members 
were  present — Lt.  Col.  Vanhornc  appeared,  heard  the  ev- 
idence read  to  him,  and  made  sod^  alterations  ;  upon  whicli 
the  Court  was  cleared  to  discuss  die  subject,  as  also  to  con- 
sider the  propriety  of  putting  a  question  to  General  Cass 
concerning  the  introduction  of  a  British  officer  into  the  Camp 
at  Springwells — The  following  was  tlie  question  submitted 
to  the  Court,  to  be  put  to  General  Cass — «  By  whose  order 


w 


'•',     .  ''■ 


• 


Ameriean  eamp  at  Spi'lngwclU  ?— State  partloularfy  ttie 
eirtiumstances  attending  it.**—- It  was  decided  that  the  qurs- 
lion  be  put  to  General  Cass — The  objection  uiado  by  the 
priioner,  to  the  alteration  of  evidence  once  taken,  was  in  the 
following  words  :  *•  The  testimony  is  read  over  to  the  witness* 
as  I  conceive,  for  these  purposes-r-first*  for  the  purpose  of 
ascertaining  whether  the  expressions  he  used  have  been  writ- 
ten down,  and  secondly,  to  allow  him  to  explain  himself,  if 
his  meaning  in  any  respect  should  be  misunderstood.-— If  the 
WJIness  admit ;  or  if  the  Court  should  be  of  opinion,  that  the 
'^vorda  he  used  have  been  written,  then  he  ought  not  to  be 
jpermitted  to  ciiange  those  words.  But,  if  the  witness  desire 
to.  make  any  explanation  of  his  language,  it  ought  (o  appear 
as  such  upon  the  record  :  and,  if  this  rule  be  not  adhered  to, 
arwitn^si  may  vary  his  testimony  according  to  impressions  be 
may  have  received  after  his  first  examination.  I  do  not  nieaB 
to  apply  the  oUservat  on  to  Col.  Yanhorne;  but  the  principle 
may  be  important  as  respects  the  testimony  of  witnesses 
Hrho  may  be  called,  upon  whose  veracity  there  may  be  less 
ivliaiicethanonCol.  Vanhorne's.*' — The  Court  ordered  **  that 
the  testimony  of  every  witness  shall  be  read  to  him  on  each 
day,  as  fiir  as  it  has  proceeded,  and  be  approved  by  him ;  and 
if  any  corrections  take  place  afterwards  they  shall  appear  as 
such ;  but,  until  the  testimony  is  read  to  him  as  aforesaid,  he 
shall  have  the  eontroul  of  the  manner  in  which  his  testimony 
shall  be  expressed.'' 

Brigadiei*  Greneral  Cnss  was  then  called,  and,  in  answer  te 
the  question  above  stated,  said — When  I  returned  from  Mai- 
den^  having  been  there  with  a  flag  of  truce,  I  was  brought  by 
a  Capt.  Barwiss  a  British  provincial  naval  officer,  In  a  boat — 
Captain  Hickman  and  Lt.  Peckham  were  with  me — when  I 
came  opposite  to  Springwells,  I  thought  it  improper  to  take 
the  British  officer  into  our  encampment,  I  therefore  intended 
to  have  taken  him  to  Detroit,  and  then  to  have  informed 
General  Hull — I  proceeded  about  a  mile,  or  a  mile  and  a  half 
al|»ove  Springw.ells,  when  I  was  overtaken  by  an  officer,  who 
X  think,  was  Capt.  Hull,  and  who  stated  that  General  Hull 
Avas  at  the  Camp  at  Springwells^  and  directed  me  to  return 


)  ID  answer  (• 


tbj(h6P.~I  aeeordinj^ly  retuned  to  Springwelli,  ^hero,  oa 
laading  I  reratiinMl  with  (he  firiUsh  oAloer,  and  sent  Captain 
Hiolcman  to  Oeaehi)  Hull  to  know  if  th^  British  offloor 
should  be  introduced  inio  the  encampment—Captain  Hick* ! 
man  returned  and  directed  that  the  officer  should  b«  taken  to 
his  (the  Generars)  quarters—whither  I  aeeordingl^  toj^ 
him. 

Gen.  Cass  here  stated  that  on  the  12tii  tnsh  Col.  IBrosh 
stated  to  witness.  Colonel  Findliyr,  Gen.  M* Arthur,  and,  h« 
thinks  General  Taylor,  that  General  Hull  told  him  tliirt  a 
oapkulation  r;ould  or  might  be  necessary,  and  that  he  in< 
tendi^d  or  expected  to  surrender  the  fort  and  town  of  Detroit, 
or  words  to  that  effeet ;  and  it  was  in  consequence  of  that  in- 
formation that  the  statement  on  that  sul^ect  was  made  to  Got. 
Meigs.  This  Ui$t  egidence  was  given  by  consent — (tolonel. 
Brush  was  eonsklered  by  the  offieers  generally  as  the  most^ 
Jadraate  and  oonfidontiai  friend  of  the  General. 

Mi\jor  William  A.  Kemble  of  the  26th  U.  S.  Infantry  xrw 
sworn. 

Witness  said,  that  be  Joined  the  North-western  army  in 
G«n.  MMrthur's  reg.  on  the  9th  May,  1812,  and  continued 
with  it  to  the  i6th  August— that  on  the  SOth  July  he  was 
sent  for  to  attend  at  Gen.  Hull's  quarters,  when  the  Gen. 
stated  to  him  that  he  proposed  semiing  a  detachment  to  the 
river  French,  for  the  purpose  of  collecting  some   flour* 
grain  and  cattle,  which  were  there — he  said  that  he  did  not 
like  the  plan  of  detailing  detachments  from  the  whole  army» 
and  would  wish  for  some  field  officer's  proceeding  on  them 
with  his  battalion — that  witness  replied  that  he  was  from 
principle  opposed  to  small  detachments ;  but  that«  if  tlie 
(jreneral  wished  to  send  him,  he  would  go  cheerfully  and  vol- 
untarily  command — ^that  Gen.  Hull  appeared   very  much 
pleased,  smd,  after  passing  some  compliments,  ordered  wit- 
ness to  prepare  his  battalion  for  a  march,  and  to  get  four 
days- provision  ready,  saying  that  witness  should  be  accom- 
panied by  Capt.  Forsyth's  compimy  and  go  by  land — that; 
about  the  time  the  detachment  was  ready  to  march,  witness 
received  a  written  order  from  Gen.  Hull,  directing  that  part 
of  the  detEelimeiit  should  Quiro!!:  fifid  nart  >H^oc68d  bv  boats  * 


>"   i  (J 


7» 

was  lijite  in  the ,  aift  i'AQon  before  the  troops  were  readv  to 
mqvef  when  a\|o]eht  storm  alrose  which  would  hav^  lu^de  it 
iinpruqctit  tcj  jpi^Mjey';  dpon^^^^  which  t^  Gen.  Hull 

h(f  directed  jvviiness  to  wait^tliat  in  the  mean  time  there  wai$ 
^  ruinotir  in  camp,  that  there  was  a  reiiiforceiment  on  its  way 
fo,  Maiden  j  witness  believes  it  came  from  Gen.  M'Arthur— 
that  the  sei'vlce 'fitness  was  <ii^cl^ktd  on   was  expected  to  oc- 
cup;^  about  six  days— that  alter  it  was  ascertained  about  the 
reinforcement  io  Maiden,  witness  went  to  Gen.  Hull's  quar- 
ters and  Qp'mm'unicatcd  to  the  G^ti.  the  information  he  had 
received)  and  asked  him  if  an  attempt  would  be  made  upon 
Maiden  before  he  returned,  saying  that  he  did  not  wish  to  be 
absent  when  the  army  was  engaged  in  so  important  an  enter-r 
P»*>2!C--that  the  Gen.  assured  him  that  it  was  n<»t  his  intention 
thar  the  army  should  march  while  he,  the  witness  was  ab- 
sent—that witness  then  stated,  that  ten  or  twelve  days  would 
be'^tequired  ibh  the  performance  of  his  duty,  and  that  a 
British  reinforcement  might  arrive  at  Maiden  before  the  ex- 
piration of  that  time,  and  that  be  doubted  the  propriely  of 
the  measure  y  he  also  stated  t6  Gen.  Hull  that  he  thought 
that  if  an  immediate  attack  wfere  made  on  Maiden,  the  coun- 
try,with  provisions,  &c.  would  fall  of  course  to  us — that  Gen. 
Hull,  upon  this,  told  him  to  wait  for  further  orders.    But 
noHe  were  given.    Witness  says  that  he  recollects  that,  when 
the  flpst  cbuncil  of  ojiicers  commanding  corps  and  field  offi- 
cers was  called,  (in  the  1st  of  August,  as  he  thinks)  and  when 
Ihey  werer  assembled,  Gen.  Hull  rose  and  addressed  them 
from  a  wf'tten  paper,  atid  stated  the  object  for  which  he  had 
called  them  together.   He  said  that  the  fall  of  Mackanac,  the 
want  of  eo-operation  from  below,  on  the  Niagara,  and  the  in- 
formation he  had  received  respecting  llie  hostile  intentions 
of  the  Indians,  induced  him  to  ask  the  advice  of  the  officers 
as  to  the  course  h 2  ought  to  pursue  in  the  ftiture  operations 
of  the  army.   Tfiat  the  Gen.  stated  as  his  opinion  that  a  small 
garrison  sjioidd  Iw.  left  at  a  fort  a  little  above  Sandwich, 
callcci,  spnieitiDl^si  Fort  Georg;e,  and  that  the  principal  part  of 
tlie  anny  should  rcei^oss  the  river  and  open  the  eommunica- 
fion  w  ith  Ohio,  by  establishing  posts  at  Brcwnstown  aiicl 


77 

civer  Baisin— that «  desultof^r  conversation  took  place  among 
the  oflleers,  in  which  Col.  Cass  and  Col.  M'Arthur  took  a 
principal  part,  the  fbrmer  recommending  that  Maiden  should 
be  taken;  as  it  would  be  the  best  way  of  opeining  a  communi- 
cation ;  not  only  thereby  securing  a  communication  with  Ohio, 
but  bringing  the  northern  Indians  completely  in  our  powers 
while  Col.  M' Arthur  went  more  particularly  into  detail,  and 
endeavoured  to  demonstrate  that  if  the  Gen.  should  reerossr 
the  river,  it  would  be  impossible  for  him  to  communicate 
with  Ohio — that  most  of  the  other  officers  were  of  the  same 
opinion  with  those  two,  excepting  Capt.  Dyson  of  the  artillery 
and  Capt.  Sloane  of  the  cavalry— that  Gen.  Hull  said,  «  Gen- 
tlemen, if  you  determine  to  march  to  Maiden,  I  will  march 
at  your  head."  That  a  question  then  arose  whether  they 
should  move  directly  against  Maiden  or  wait  some  days  for 
the  heavy  artillery ;  on  which  question  there  appeared  to  be 
a  diversity  of  opinion — that  Lt.  Col.  Miller  then  proposed  a 
plan  for  attacking  Maiden  without  heavy  artillery.  Thi» 
plan  was,  that  a  select  corps,  consisting  of  about  800  or  1000 
mfen,  including  the  4th  reg.  which,  from  its  having  been  on 
service,  was  considered,  in  proportion  to  its  numbers,  a«i 
the  most  efficient  part  of  the  army,  should  be  formed — 
that  this  corpg  should  be  transported  in  boats,  and  proceed 
along  the  river,  in  the  American  channel,  in  the  night,  and 
should  land  before  day  on  a  beach  below  Maiden,  and  there 
form  two  divisions ;  one  of  which  divisions  :hould  march  with 
the  field  artillery  to  the  river  Aux  Canards  (the  enemy  having 
maintained  a  picket  guard  there)  while  the  other  should 
march  up  the  river  Aux  Canards  to  the  place  where  Colonels 
M'Arthur  and  Cass  had  passed  that  river  before,  at  the 
bi'idgc — that  the  division  at  the  bridge  should  commence  a 
cannonade,  which,  it  was  expected  would  draw  a  considera- 
ble part  of  the  enemy's  force  to  that  quarter,  as  it  had  done 
before ;  and  in  the  mean  time  the  iirst  division  should  sui^- 
prize  Maiden,  if  possible  ;  or,  if  not,  should  take  it  by  asv^ 
sault.  Witness  says  that  this  plan  was  objected  to  by  some 
of  the  officers,  as  being  too  complicated;  and  Col.  Cass 
thought  it  would  be  best  first  to  determine  whether  the  army 
^houl4  or  should  not  proceed  without  the  heavy  artillery— 


I^T'i 


'ivM^i 


iJbat  wiiHess,  in  «rder  to  be  able  to  form  an  opinion,  asked 
Gen.  Hull  for  a  plan  of  the  fort  and  the  country  at  Maiden, 
and  its  force  j  to  which  request  he  replied,  with  seme  eni- 
phuiis, "  Sir,  it  is  stronger  than  Sloney  point"-an  answer  that 
did  not  by  any  means  satisfy  witness.     Witness  saya  that  the 
next  question  proposed  to  the  council  was— ««  whether  the  ar- 
my should  proceed  to  Maiden,  or  wait  two  or  three  days  for 
heavy  artillery,  one  gun  being  ready  and  the  other  nearly 
so?"  that  upon  this  question  the  ofl|cers  Tiereequulh  di- 
Tided,  and  Gen.  Hull  decided  in  the  negative,  stating  a  difi- 
culty  of  transporting  eannon  from  Detroit  across  to  the  Can- 
ada shore ;  (the  army  then  being  at  Sandwich)  that  witness 
proposed  building  floating  batteries,  one  of  which  was  done 
in  five  days — that  when  this  was  completed,  he  reported  it  to 
General  Hull,  and  was  referred  to  Capt.  Dyson  and  Lt.  Dar- 
raby — that  at  the  time  witness  went  to  make  this  report  he 
saw  Col.  Brush  at  the  General's  quaHers,  together  with  three 
young  men,  who  h^d  been  taken  prisoners  and  confined  at 
Maldc^i,  and  Itohi  whence,  they  said,  they  had  been  released 
on  parole— one  of  ihese  men  was  a  carpenter,  and  had  worked 
at  Maiden — 'hat  this  man  stated  (as  well  as  witness  recol- 
leets)  that  the  British  had  about  270  regulars,  of  whom  from 
300  JO  2Z0  were  fit  for  duty,  and  150  militia  ;  and  as  to  In- 
dians (of  v/hoBn  the  British  themselves  could  not  tell  the  ex- 
act amount)  he  supposed  they  were  from  liiO  to  300,  and 
could  not  exceed  the  latler  number — they  also  stated  that 
vhen  Colonels  Cass  and  Miller  had  routed  the  British  picket^ 
they  were  all  in  confusion  and  preparing  to  embark — (this  ac- 
count was  confirmed  by  the  other  two  young  men) — witnesH 
thinks  Gen.  Hull  asked  whether  the  British  had  strengthened 
the  fort  at  Maiden,  and  that  the  answer  was  in  the  negative. 
Witness  says,  that  on  the  13th  August  (as  he  recollects) 
he  was  oflicer  of  the  day  at  Detroit,  waited  on  General  Hull 
and  found  him  and  Col.  Bush,  sitting  on  the  settee  engaged 
In  close  conversation,  rather  low — that  the  General  turned 
the  conversation  to  provisions,  alluding  to  some  wheat  which 
was  then  hauling  in — that  Col.  Brush  asked  what  quantity  of 
public  provisions  there  was.  when  the  General  replied,  about  a 
inonth's,  and  then  asked  the  Col.  whether  the  country  around 
could  mt  a/ford  i\  sufficient  quantity  of  provisions  for  th» 


army ;  to  whieli  Col.  Brush  ansifered  he  thouglit  there  would 
be  enough  for  (wo  months — witness  also  thinks  Aat  it  wa» 
on  the  I'lth  August  he  saw  General  Hull  at  CvlL.  M« Arthur's 
marquee^  with  Col.  Brush  and  other  officers— that  %titnes»^ 
was  about  retiring  but  was  called  back  by  General  Hull,  who 
invited  him  to  a  seat,  and  asked  him  (in  connexion  with  the 
oonversation  then  passing,  whieh  was  on  the  saliject  of  tho 
enemy's  moving  on  the  other  side  with  their  artillery)— 
«  What  would  you  do"— «  Sir,"  the  witness  replied, «« I  wouIA 
fire  upon  them"-upon  whi'th  General  Hull  said,  «  But,  Sii^ 
about  the  ammunition  I  would  it  be  proper  to  expend  it  under 
these  cireunistances  ? 

MAJOR  TREMBLE  CROSS-EXAMINED  BY  THE  PRISONER. 


Q.  What  is  your  age  ? 

A.  I  was  27  years  old  on  the  4th  April  last. 

Q.  Doyou  reooileet  what  portion  of  officers  disapprovedof 
Col.  Miller's  plan  of  attack  on  Maiden  ? 

A.  I  do  not  recollect,  as  no  question  was  taken. 

Q.  Did  Colonels  Cass  and  M'A?thur  object  ? 

A.  My  impression  is  that  Col.  Cass  did  object,  on  aecouut 
of  its  being  very  complicated  I  cannot  say  as  to  Col.  M'Arthir. 

Q.  Was  the  other  24  pounder  brought  ovei  from  Detroit^ 
and  when  ? 

A*  I  think  it  was,  on  the  6th  August. 

Adjourned  to  the  next  day. 


18{/i  day,  Tuesday^  8th  Fehruai'yf  1814. 


The  Court  met  pursuant  to  adjournment,  all  the  members 
being  present.  Captain  James  Dalliby,  of  the  ordnance  de- 
partment, being  sworn  said— that  he  belonged  to  the  North- 
western army  under  the  command  of  General  Hull  in  1818, 
was  at  Detroit  on  the  16th  August,  and  was  there  previous  to 
the  war— went  there  in  1811,  and  bad  never  been  absent— that 
he  commanded  the  battery  (the  uppermost  of  (be  three  bat- 
teries) in  the  town— he  says  that  the  following  is  an  aceonnt 
nftho  ordnance  at  Detroit :  viz. 


' .  I 


9 

8' 

5 

3 

3 

1 

1 

1 

8 


do        do        do 
do        do        do 
do        do        do 

Iron  on  trunk  wheel 


80 

^)i  poUndet's»    7  mounted    :!2  uumoiuitedy 
12    do    iron  4    do  4    do 

9    do    do     4    do  1    do    (as  he  kelteves) 

'  6'    do    brass  mounted  on  travelling  carriages. 

4  do  do  do  do 
3  do  do  do  do 
8  1-2  Inoh  howitzer,  brass 

5  1-2        do        do        do 
3  1-4        do        do        do 

6  do        do 
carriages  in  the  block  house  at  the  upper  end  of  the  town. 

Witness  says  that  this  was  the  whole  of  the  ordnance  ex- 
tepting  two  or  three  small  howitzers  and  swivels  which  were 
*)ot  reported)  and  that  most  of  this  ordnance,  was  mounted  be- 
lore  the  8th  August — witness  is  of  opinion  that  there  were 
^500  stand  of  arms,  in  the  whole,   including  rifles,  for  the 
arm}'— he  says  that  accoiHling  to  the  returns  made  there  were 
at  Detroit  od  the  day  of  the  surrender  1400  cannon  balls  for 
24  pounders,  about  1700  for  12  pounders,  1400  for  9  pounders, 
about  4000  balls  for  4  and  6  pounders,  about  4800  three  pound 
balls,  290  ten  inch  shells  [not  fixt]  about  500  eight  inch 
shjslls,  of  which  100  were  fixt,  and  about  800  five  and  a  half  inch 
shells,  100  of  which  were  fixed ;  a  large  quantity  [say  4000]  of 
2  3-4  inch  shells  called  hand  grenades,    a  considerable 
number  of  which  were  fixed    wilh   powder    and    boxed. 
Tlere  were  also,  witness  said,  about  3  1-2  tons  of  lead,  of 
which  a  considerable  quantity  had  been  run  into  balls,  as 
innch  as  was  considered  a  sufficient  supply  for  the  army ;  about 
J.  .^  ISOO  fugees  in  the  rough- — between  2000  and  SOOO  priming- 
tubes,  several  hundreds  of  which  were  fixed  for  immediate 
use ;  about  100,000  flints,  200  rounds  of  fixed  ammunition 
i^r  the  24  prs.  (as  (Iierc  were  400  rounds  on  the  14th)  about 
^  rounds  of  grape  for  the  24  pounders  ;  (about  200  rounds 
were  fired) — as  before  stated  there  were  100  rounds  fixed  for 
cqich  of  the  8  and  5  inch  howitzers,  about  7  having  been  fired, 
leaving  the  above  number- -witness    says  that  about  100 
rounds  for  each  of  the  brass  6  pounders  were  sent  over  to 
Canada,  of  which  about  80  for  e.ich  were  expended— that 
about  irO  rounds  Mere  prepared  for  each  of  the  3  pounders, 


*jr- 


si 


do        do 
do        do 
do        do 
n  trunk  M'heel 
of  the  town. 
te  ordnance  ex- 
uls  which  were 
as  mounted  be- 
hat  there  were 
;  rifles,  for  the 
ade  there  were 
annon  balls  for 
for  9  pounders, 

00  three  pound 
)00  eight  inch 
and  a  half  inch 
ty  [say  4000]  of 
i  considerable 
*  and  boxed, 
ons  of  lead,  of 
into  balls,  as 
le  army ;  about 
SOOO  priming- 
for  immediate 

1  ammunition 
he  14th)  about 
lut  200  rounds 
innds  fixed  for 
ing  been  fired, 
lat  about  100 
e  sent  over  to 
spended— that 
c  3  pounders, 


knd  some  fev^  for  the  4  pounders  [say  ^5  each]  that  he  doe^ 
not  know  the  quantity  of  ammunition  or  rounds  of  grape  an4 
cannister  prepared   for  ihe  24  ;  12  and   9   pounders,   af^ 
previous  to  the  declaration  of  war,  the  fort  had  been  put  in  a 
state  of  defence,  in  expectation  of  an  attack  from  the  Indians, 
and,  in  expectation  of  one  aftet*  the  declaration,  from  the 
British  and  Indians  ;  and  as  the  ammunition  was  not  deemed 
neciessary  for  the  defence  of  the  place,  it  remained  untouched 
at  the  surrender— witness  says  that  there  was  a  large  quantity 
of  uiusket  and  rifle  cartridges  prepared,  as  much  as  was  deem- 
ed necessary,  but  he  cannot  fix  precisely  the  quantity — he  can- 
hot  state  the  exact  nunil)er  of  barrels  of  powder,  as  a  good 
inauy  had  been  taken  to  fix  the  ammunition — he  believes 
there  were  ;>')Out  100  casks  remaining  marked  ffom  100  to 
112  lbs ;  that  is.  including  fixed  and  unflxed,  about  10,000  lbs. 
ll^does  not  know  exactly.     He  says  that  on  the  7th  or  8th 
August  every  thing  was  reported  to  be  complete  for  service 
witness  had  charge  of  the  laboratory   in  July  and  August^ 
ti  general  preparation  was  made  by  artificers  under  the  orders 
the  witness,— which  artificers  were  then  discharged. 

The  witness  proceeding  said  that  the  fort  lies  on  the  high- 
est ground  in  a  circumference  of  three  miles,  was  a  regular 
half  bastion  fort,  composed  ol  4  curtains  and  4  half  bastions, 
about  too  yards  on  each  face,  not  including  the  half  bastions  ; 

about  75  yards  being  the  extreme  length  of  the  curtain that 

the  fort  was  made  partly  of  earth — the  parapet  eleven  feet 
in  elevation-  -the  thickness  of  the  top  of  the  parapet  about  13 
tcQi  the  banquet  for  in fanti'y  six  feet  from  the  foundation  or 
level  of  the  fort,  and  five  feet  for  the  parapet — the  whole 
width  of  the  rampart  at  its  base  26  feet— at  the  bottom  of 
the  exterior  or  slope  of  the  parapet  there  was  a  horizontal 
space  ofground  about  2  or  3  feet  in  the  width,  extending  round 
the  whole  eircumferehce  of  the  work,  the  ditch  upon  an  aver- 
age was  from  five  to  six  feet  deep,  and  af  ihe  bottom  12  feet 
tvide,  beyond  the  exterior  or  slopf  at  thi:  ditch  anseope,  oip 
glacis,  or  esplanade.  There  was  fai-  fly  a  covert  way,  g£ 
which  traces  were  remaining  unhurt,  in  the  bottom  of  the  ditch 
round  the  fort  there  was  a  row  of  pickets  of  cedar,  nearly  new, 
in  diameter  and  il  or  12  feet  high :  these  pickets  were  fasten . 


8S 

cd  together  by  a  rib-.-The  gate  was  strongly  made  of  planii 
witii  spikes  ;  over  the  j^-ate  was  a  look  out  house,  also  strong- 
ly  built  in  the  fall  of  1811...eannon  were  mounted  in  the  em- 
brazures.  most  of  which  were  repaired  and  put  in  good  order 
w  18U,  and  the  fort  was,  generally,  in  good  order  and  in  cood 
repair. 

"I^itness  says  that  on  the  morning  of  the  i4th  August  ho 
was  stationed  at  the  battery  called  Bartlett's  wharf,  and  he 
thmks  the  British  were  erecting  baUeries  on  the  opposite  side, 
he  thought  that  he  was  placed  at  his  station  to  return  their 
fire,  and  for  the  general  purpose  of  defence,  as  at  that  time 
evefy  thing  bore  the  appearanfee  of  an  attack  upon  the  lort^ 
that  the  guns  at  the  batteiyr  commandod  by  witness  were  on 
aplatfown  on  the  edge  of  the  river,  and  were  intended  against 
shipping  expected   from  »Jackana  j  J  hey  were  without  any 
parapet  and  weiemucii  iowerfhan  tiiose  of  Iheeneniy-That, 
from  th."  position  of  this  battery  and  i{s  form  and  from  those 
''f  the  entmy ,  he  l^nc  w  that  in  <  is?  of  an  attack  from  them  he 
cuuKi  do  them  no  injury,  and  tiiai  his  own  men  were  exposed 
to  be  swept  oif  every  five  minutes ;  that  he  therefore  applied  to 
the  General  for  leave  to  build  a  battery  in  the  eenti  e  of  the 
town,  and  upon  a  level  with  the  battery  erecting  by  the  enemy, 
permission  for  doing  wjiieh  was  obtained  j  the  battery  was 
commenced  about  one  o'clock  6n  the  lith,  and  completed,  so 
far  as  to  be  ready  for  action,  at  the  same  hour  on  the  15th  j 
that  on  the  evening  of  the  14th,  when  the  workmen,  after 
leaving  off  work  had  generally  dispersed,  witness  remained  ia 
the  battery,  to  Which  General  Hull  rode  up  ;  when  witness 
conversed  with  him  on  the  propriety  of  driving  the  enemy 
from  their  works  opposite  the  lower  end  of  the  town,  which 
Lad  been  completed  for  some  time—the  words  of  witness 
were,  «  Sir,  if  you  will  give  permission,  I  -,vill  clear  the  en- 
emy on  the  opposite  shore  from  the  lower  batteries"— the 
general  answered.    **  Mr.  Dalliby  I  will  make  an  agreement 
with  the  enemy,  that  if  they  will  never  fire  on  me  I  will  never 
fire  on  them"— and  concluded  his  answer  with  this  sentence" 
Those  who  live  in  glass  hoijses  must  take  care  how  they  throw 
stones."  He  then  rode  off.     Witness  says  that  on  the  morn- 
jng  of  the  5th  July,  before  the  American  army  arrived  at  De- 
■  iroit,  the  e^emy  were  ip  erecting  two  battsrles  op  the  same 


S8 


cries" — the 


ground  ^^here  they  were  seen  workin?;  anerwards-.-that 
witness  was  then  ordered  by  Major  Whistler,  who  at  that 
time  commanded,  to  fire  on  them  from  tlie  battery  at  the 
lower  end  of  the  town,  from  the  2*  pounders'-.that  he  did  fire 
upon  them,  which  had  the  desired  effect — that  they  were 
driven  away,  as  they  were  also  from  the  King's  stores^ 
about  a  miie  and  a  half  distant,  from  whence  they  were 
taking  off  flour,  and  about  the  same  time  the  inhabitants  on 
the  opposite  shore  removed^  and  took  a  new  road  at  some  dis- 
tance from  the  side  of  river,  to  keep  out  of  the  range  of  our 
«hot. 

Witness  says  that  the  cannonading  commenced  about  5 
o'clock  of  the  afternoon  of  the  ISth  and  was  answered  by  th^ 
battery  he  commanded  as  well  as  from  the  otiier  batteries^- 
that  this  cannonade  commenced  a  short  time  after  the  returii 
to  the  enemy  of  the  flag  of  truce  which  had  been  sent  to  ask 
a  surrender  of  the  fort,  and  continued  to  he  exchanged  till 
about  10  o'clcck  at  night— that  the  fire  of  the  15th  was  not 
injurious  to  the  army,  only  one  man  having  received  d  wound 
in  the  leg;  the  town  was  a  little  injured-that  on  the  16th 
the  firing  recommenced  on  both  sides  (first  by  che  enemy)  at 
break  of  day ;  during  which  little  injury  was  received,  to  tlie 
knowledge  of  the  witness,  the  fire  being  principally  directed 
towards  our  batteries— that  witness  had  reason  to  suppose 
and  has  since  understood  that  one  of  the  enemy's  batteries  was 
silenced,  which  they  repaired;  and  about  10  o'clock  on  the 
10th  August  witness  leeeived  orders  from  Capt.  D.>son  ire 
the  name  of  General  Hull,  to  cease  firing,  which  orders  he 
obeyed-that  the  enemy  then  continued  their  fire  for  1& 
minutes,  which  they  directed  principally  against  the  fort, 
and  which  they  were  enabled  to  do  with  precision,  not  being 
annoyed  by  us  ;  and  some  oflScers  and  men  were  killed  in 
the  fort,  while  witness  with  his  men  were  in  the  battery  un- 
employed ;  and  that  soon  afterwards  he  saw  the  white  flag 
hoisted  on  the  fort— witness  says  that  he  did  not  know  of  any 
luusket  cartridges  having  been  damaged. 

Witness  says  that  he  was  at  Maiden  in  July  or  August 
tSll,  and  has  been  there  since—that  the  fort  was  a  regular 
four  bastion  one  of  earth—that  the  curtains  were  nothing 
more  than  ni(>k<^<ci  m>  naliaoAaa  <^n   4i.^ -:.i--     ^i  ^  . 


34; 

fopweiJy  onthe  vivor  side  n  fleche,  vi>9n i^lilch ^ cannon liafi 
peen  uiounted,  but  none  were  mounted  on  it  in  1812  when  Im 
iras  a  prisoner,  at  which  time  he  went  round  it  to  satisfy  hiscu- 
riosiiy,  but  found  no  alterations,  witness  saysth^t  on  the  sot  h 
iide  of  the  fprt  there  had  been  considerable  alterations,  und 
the  batteries  had  been  repaired-the  pickets  appeai-ed  to  be 
f>Id,  not  very  strong,  and  in  a  state  of  decay.- Witness  re. 
mained  three  weeks  after  the  capitulation,  and  no  north- 
ern  Indians  arrived  sooner  than  about  three  weeks  after  the 
capitulation,  witness  was  at  Maiden  at  which  time  when  there 
was  tune  for  them  to  have  heard  of  the  fall  of  Detroit. 

CAP  IAIN  DALLIBY  CHOSS-EXAMJNEB  BY  THE  PRISONER 

Q.  Please  to  describe  Mie  whole  distance  of  the  curtail, 
round  fort  Detroit  ?  ■ 

A.  Going  the  circumference  of  the  fort,  following  the  line 
and  tracing  the  angles,  might  make  a  difference  of  7d  or  80 
yards  from  what  1  before  stated. 

Q.  You  have  described  the  state  qf  the  fort  and  of  the 
preparation  for  defence  and  attack.  How  Ipng  before  the 
surrender  were  they  in  the  state  you  have  described  ? 

A.  We  commenced  in  February  7,  1812  to  put  it  into  a 
state  of  defence  against  the  Indians,  and  on  the  Mh  July  it 
Tvas  completed :  before  the  army  arrived  we  had  lain  upon  our 
arms  for  three  nights,  and  were  prepared  in  (he  day,  with 
matches  lighted.  From  Che  Mh  July  (o  the  8th  August  the 
field  artillery  was  put  in  order  and  u.any  im.,.ovements  were 
made  in  the  implements,  gun  carriages  and  oidnanee  stores 
for  the  purpose  of  n.oving  into  Canada  and  aUacking  Mahlen' 
On  fhe  arrival  of  General  Hull  at  Detroit,  the  greatest  ex' 
ortions  were  used  to  put  the  regiment  in  a  state  of  defence 

Capt.  Dalleby  then  stated  that  the  batterv  he  erecJed  i« 
the  middle  of  the  town  \yas  about  lour  feet  high  and  tlie  em 
brazures  were  maiked  out-that  when  General  Hull  went 
to  that  battery  on  the  14th  August,  and  was  asked  bv  the 
witness  for  permission  to  fire  on  the  enemy,  the  word  "  never'* 
Mas  used  (the  wirness  believes,  but  will  not  positively  say)  bv 
Gen.  Hull,' in  answer  to  the  request—He  did  not  under- 
^tand  that  Gen.  Hull  had  made  an  agreement  with  the  enemy 
fot  to  Jive  on  each  other,  but  that  he  was  willing  (o  dp  it 


Capt.    Daniel  Baker  of  the  Ist  Hog.  of  U.  S.  Infiintry 
tvas  (hen  swora.  ' 

This  witness  stated  irt  evidence  that  he  was  in  the  army  at 
Detroit  on  the  I6th  op  I6th  August  und^  Gen.  Hull  and  had 
been  there  for  several  years  hefore.  in  the  quarfernia8ter»s 
department.— There  were  on  those  two  days,  or  ought  to  haVo 
been,  between  5  and  600  of  the  Miehigan  miJltiu— that  he 
ieived  with  the  volunteers  from  that  territory  at  Brownstown, 
where  their  eonduet  was  brave—witness  was  at  the  fovt  of 
Deiroit  until  he  heard  of  the  surrendi-r,  and  saw  Gen.  Hull 
in  the  course  of  the  morning  of  tlie  I6th   when  he  apinaied 
to  beembarrassefl  and  at  a  loss  how  to  act— that  witness  can- 
not say  what  the  General's  feelings  werts  but  could  account  for 
thesuirender  no  other  way  than  by  supposing  him  un.lertho 
influence  of  personal  fear— witness  says  that  he  was  former- 
ly acquainted  with  Gen.  Hull— that  he  was  tolerably  well 
acquainted  with  the  resources  of  the  army,  and  was  satisfied 
in  his  own  mind  that  there  was  a  sufficiency  for  its  subsist- 
ence for   three  months— witness  says  the  fort  was   much 
crowded. 

Cross-examined  by  Gen.  Hull, 

Q.  Wore  there  not  provisions  brought  into  that  country, 
for  the  support  of  the  inhabitants  every  year  ? 

A.  I  believe  there  were  large  quantities  of  pork  brought 
into  that  country  on  speculation.  I  am  of  opinion  that  there 
was  plenty  of  cattle  and  grain  in  the  country ;  but  pork,  I  be. 
lieve,  was  not  raised  there. 

Q.  Can  you  state  any  acts  of  mine,  explusive  of  the  sur- 
render, that  were  indicative  of  fear  ? 

A.  I  saw  the  General  on  the  morning  of  the  16th  in  a  va^ 
rlety  of  postures  ;  sometimes  sitting  j  sometimes  leaning, 
and  sometimes  standing  in  the  fort ;  and  his  manner  shewed 
embarrassment— onte.  on  that  day  the  Gen.  was  out  of  the 
fort.  ^ 

The  court  adjourned  to  the  next  day. 
19  Aug,  Wednesday,  9th  February,  1814. 
The  court  met  pursuant  to  adjournment,  ail  the  members 
being  present,  when 

Lieutenant  Dixon  Stansbury,  of  the  1st  Reg.  of  U.S.  In- 
lantry  was  sworn,  ^ 


68 

The  PvicloncB  of  this  witness  was  as  folfows— that  he  he- 
longed  to  the  N.  Western  army  and  remained  with  it  until  the 
eapituialion— that  he  was  at  Detroit  on  the  IStli  and  16th 
August  and  commanded  one  of  the  guns  in  the  fort  on  the 
16th — that  on  the  night  of  the  16th  the  Gen.  lay  in  the  piaz- 
zaof  the  barrack  and  went  (o  bed  about  11  o'elock-.-that 
■when  witness  awoke  in  the  morning  the  Gen.  was  not  there, 
and  witness  does  not  know  Wuen  the  Gen.  got  up—that  wit- 
ness also  slept  in  the  piazza  of  the  barrack— that  he  saw  the 
Gen.  in  a  tolerably  safe  place— As  to  his  being  afraid,  witness 
cannot  say— witness  marched  from  Newport  in  Kentucky, 
and  commanded  28  regular  troops  at  Detroit— He  did  not 
then  belong  to  the  4th  Reg. 

Cross-examined  by  Gen.  Hull. 
Q.  You  stated  that  I  went  to  bed  on  the  night  of  the  15th 
Did  I  not  lie  down  on  a  matrass,  with  my  clothes  and  boots 

A.  You  did.  , 

Q.  What  time  did  I  rise  at  ? 

A.  Before  day  sometime. 

Q.  Did  you  not  observe  me  in  the  morning  of  the  16th, 
going  about  in  different  parts  of  the  fort  ? 

A.  I  saw  you  on  the  parade  ground,  but  during  the  princi- 
pal part  of  the  time,  near  the  gate  out  of  the  way  of  the  fire. 
There  was  no  necessity,  that  I  saw,  for  your  being  exposed 
in  any  other  part  of  the  fort,  or  on  the  parapet,  to  be  fired 
at  as  a  target.  I  had  my  orders,  and  I  suppose  the  other  of 
ficers  had  theirs. 

Q.  Had  you  an  orderly  book  ? 

A.  I  had,  it  was  taken  in  the  vessel.  I  got  another  after- 
wards but  never  used  it. 

Capt.  Oliver  Q.  Burton,  of  the  4th  Reg.  U.  S.  Infantry, 
sworn. 

Witness  was  at  Detroit  on  the  16th  and  16th  in  the 
North-western  army,  under  Gen.  Hull ;  knew  of  the  capitu- 
lation and  when  it  took  place— was  in  Capt.  Dyson's  quarters 
when  Gen,  Hull,  Gen.  Brock,  and  two  or  three  other  British 
officers  were  writing  (as  I  was  informed)  the  articles  of  cap, 
Itulation }  and  he  firmly  believes  they  were  engaged  on  the 


notliep  after- 


9f 

whioh  whn»«  .  »ro(,K,  witli  sdnie  lines  struck  out, 

iiig  Home  u|>OD  iheir  paiolc-Gpn.  Brock  acrced  that  tha 

tr.,?r';i!"f,."^  *''•':'•  '^'"''■e  """»S-'hi.  was  after 

molicct  the  names  of  any  American  offlcer,  in  tlio  room  at 
(he  time,  bnt  there  might  have  been  son>e  ia  it. 
Cross-examined  by  Gen.  Hall. 
Q.  How  long  before  the  meeting  at  Ca,,t.  Dyson's  onar- 
tcrs.  was  the  meeting  between  the  BriUsh  and  Ameriean'offi 
eers  in  the  marquee  ? 

A.  I  saw  them  at  Capt.  Dyson's  about  11  o'clock,  to  the 

w  hZeTr^"'  ""•^'  - '''  "'-^-  ^^-  -«^- 

Q.  Hatl  you  ait  orderly  book  ? 

A.  I  cannot  say  I  had,  after  leaving  (he  rapids  of  the  Mi- 
am  ,  mine  having  been  put  on  board  the  vessel.  1  believe  I 
nad  not. 

Q.  How  did  you  receive  your  orders  ? 
A.  I  received  (hem  sometimes  vorbally  j  at  others  by  sec 
mg  them  on  paper  through  the  adjuunt. 
Q.  Do  you  know  whether  these  interviews  took  place  be- 

aTd  Casfr ^"^  ^'''**""*'  ''*"'^  '^''^''^'^  *"'*""  ^^^'-  ^^'^^t»*"r 

I  think  it  was  after  that  I  saw  Capt.  Mansfield  arrive  with 
a  flag  from  Col.  M'Arthur,  as  was  said. 

Major  Thomas  8.  Jessup,  of  the  19th  Reg.  of  U.  S.  Infant- 
ry—sworn, and  said 

Canada  with  from  1600  to  1800  men  ;  which  force  was  oc- 
casionally increased  and  diminished,  several  detachments  be- 
iBg  m^e.    4t  a  eoiu^cU  of  wav  heia  about  tte  ead  of  Juljr 


^ 

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23  WEST  MAIN  STRKT 

WEBSTE<',N.Y.  MS 60 

(716)872-4503 


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bv  beginning  of  August,  I  was  called  on  to  explain  a  repori( 
of  the  Brigade — this  was  a  few  days  previous  (o  leaving  Can- 
ada.   At  that  time  1800  men  were,  to  the  best  of  my  itfcol- 
iection,  considered  as  (he  disposable  force  to  act  against  Mai* 
den>  (tliis  perhaps  included  the  Michigan  legion)   leaving 
enough  to  garrison  Detroit-'-The  Michigan  militia  were,  I 
believe,  to  be  called  out.    Sometime  on  the  15th  I  received 
information  that  a  summons  was  sent  by  Gen.  Brock  to  sur- 
render ;  and  I  understood  that  Gen.  Hull  had  answered  that 
lie  was  determined  to  defend  the  place — I  met  Gen.  Hull  on 
horseback  in  the  street  shortly  after  the  answer  was  senty 
and  enquired  of  him  the  disposition  to  be  made  of  the  troops. 
Gen.  Hull  sHid  that  the  upper  part  of  the  town  was  to  be  de- 
fended by  the  fnilitin  under  Col.  Brush ;  that  the  Michigan 
legion  and  the  Regt.  under  CoK  Findlay  would  form  a  line  on 
the  back  of  the  town,  from  the  fort,  to  close  with  the  militia; 
under  Col.  Brush  ;  while  the  4th  Keg,  would  remain  at  or 
near  the  forts.    The  Gen.  said  further  that  orders  had  beenl 
given  to  the  ofiiecrs^    He  was  apprehensive  that  if  an  attack 
were  made  the  Indians  would  attempt  to  turn  the  town.    At 
a  short  distance  from  the  town  was  a  corn/ield,  said  to  b6r< 
long  to  Col.  Brush.    I  was  apprehensive  that,  if  the  attack 
should  be  made,  the  Indians  might  be  sheltered  by  this  field, 
and  proposed  that  the  corn  should  be  cut  down — the  General 
would  not  agree  to  tliis,  but  permitted  me  to  examine  a  block- 
house which  was  in  the  cornfteld.    I  found  it  filled  with  hay 
or  some  other  fodder,  belonging,  as  I  understood,  to  Col, 
Brush,  and  not  in  a  situation  to  receive  troops. 

After  Col.  Findlays  line  was  formed  in  the  rear  Of  the 
(own  I  discovered  that  the  detachments  of  Cols.  M'Arthur  and 
Cass's  Regts.  in  the  event  of  an  attack  from  the  enemy,  would 
be  much  exposed,  they  being  nearly  in  the  rear  of  the  fort,  I 
therefore,  proposed  to  Gen.  Hull  that  they  should  join  Col. 
Findlay  or  Col.  Miller,  of  the  4th— he  directed  that  they 
*^%».  should  join  Col.  Findlay*s  ;  and  I  accordingly  communicated 
the  order  to  Capt.  Sanderson,  the  senior  officer  I  found 
upon  the  ground.  On  my  r'iturn  I  met  Gen.  Hull,  who  told 
me  that  he  had  changed  his  mind  with  respect  to  the  disposi- 
tion of  those  Regts.  auri  that  I  might  proceed  upon  my  other 


(     89    ) 

tluty,  as  he  would  communicate  the  orders  himself.  Shortly 
after  quitting  the  General  I  inet  Mr.  Dougan,  quarter- 
master of  Colonel  Findley»s  regiment,  and  went  with  him 
to  Spring: Wells.    We  discovered  a  considerable  British 
force  at  Sandwich,  nearly  opposite  to  Spring- Wells ;  one 
or  more  British  vessels  had  anchored  below,  and  some  of 
them  were  moving  up  slowly :  the  enemy  appeared  to  be 
collecting  boats,  and  we  supposed  they  intended  to  cross  the 
river.     When  we  were  about  to  return,  the  British  batte- 
ries commenced  firing,  which  was  immediately  returned  by 
our  fire.    This  was  on  the  15th.     On  our  return  we  passed 
by  General  Hull  on  horseback  in  the  street,  near  the  se- 
cond battery^he  appeared  to  be  agitated.    Mr.  Dougan 
or  I,  observed  that  the  General  was   frightened;  and  it 
was  also  observed  by  one  of  us  (I  do  not  recollect  which) 
that  "  we  mmt  cheer  him  up,''    We  approached  him  and 
spoke  to  him,  and  noticed  that  he  was  pale  and  v^ry  much 
confused— he  dismounted  from  his  horse  and  led  him  to^ 
wards  the  fort— The  firing  continued  for  some  time  after 
dark.     I  was  employed  posting  our  vidette  guards.    After 
the  firing  had  ceased,  I  requested  Mr.  Taylor  and  Mr. 
Dougan  to  accompar;^  me  to  Spring-Wells :  we  again  met 
General  Hull  near  a  Mr.  Hunt's,  at  the  lower  end  of  the 
town,  and  requested  leave  t<jf  go  to  Spring- Wells :  the 
General  said  that  he  had  dispatched  Captain  SnelUng  to 
that  ^ce  with  a  piece  of  artillery,  and  that,  if  I  mistake 
not,  Captain  Burton  and  General  Taylor  had  gone  down. 
He  observed  also,that  he  was  about  to  visit  the  lines  and  wish- 
ed us  to  accompany  him— We  did  so,  rode  along  the  line  ii^ 
front  of  part  of  CoI.Findley's  regiment,  and  round  the  back 
of  the  fort— when  we  arrived  in  the  rear  of  the  fort  we  noti- 
ced that  Colonels  M*  Arthur  and  Cass's  regiments  were  stiU 
there,  and  Captain  Sanderson  observed  that  they  were  un- 
pleasantly situated,  as  they  were  exposed  to  the  enemy's 
iire,  without  being  able  to  perform  any  kind  of  service. 

M 


(90) 

This  was  commuoicated  to  General  Hull,  who  observed 
that,  as  the  firing  had  ceased,  there  was  no  danger.  The 
General  then  permitted  Messrs.  Berry  and  M'Dougal  and 
myself  to  go  Spring- Wells.  We  overtook  Captain  Snel- 
ling  a  short  distance  from  them  and  accompanied  him 
thither.  He  had,  I  think,  a  six  pounder,  and  was  very 
anxious  to  have  a  twenty-four  pounder.  It  was  the  opinion 
of  the  other  officers  and  myself,  that  with  one  or  two  twen- 
ty-four pounders,  we  could  driye  the  British  from  their 
moorings :  we  searched  immediately  for  a  place  to  plant 
them,  and  discovered  in  an  orchard  a  fine  situation  for  a 
battery.  We  examined  the  bridges  and  considered  it 
practicable  to  pass  the  cannon  over  them  all  except  one, 
near  which  there  was  a  large  quantity  of  hewn  timber.  We 
returned  and  found  General  Taylor  in  the  fort,  who,  we  then 
learned,  had  also  proposed  taking  down  heavy  cannon.  I 
urged  it  to  GeneraltfuU,  who  objected  in  the  first  place  to 
the  bridge,  and  then  that  the  pieces  were  heavy  and  un- 
manageable. Some  person  (I  think  General  Taylor)  said 
that  one  hundred  horses  could  be  ready  in  a  moment.  I 
then  told  General  Hull  the  result  of  my  observation  as  to 
the  bridge :  he  answered  that  it  was  the  opinion  of  the  su- 
perior officers  of  artillery,  that  the  cannon  could  not  be  ta- 
ken over  the  bridges,  and  that  he  would  be  governed  by  it. 
Captain  Dyson,  whom  I  saw  standing  by  when  I  turned 
round,  said  he  was  prepared  to  obey  any  order.  I  then 
parted  from  General  Hull  and  did  not  see  him  until  a 
litde  before  break  of  day  on  the  16th,  by  candle  light,  when 
he  came  to  my  tent  and  desired  me  to  write  an  order  to 
Colonel  M' Arthur  to  take  a  back  route,  as  he  was  appre- 
hensive it  would  be  dangerous  to  eome  up  the  river  ou  ac- 
count of  the  enemy.  The  General  said  he  would  send  for 
the  note;  and,  about  sunrise,  a  person  equipped  as  a  dragoon 

called  for  it.    About  this  time  the  firing  commenced some 

time  softer  I  was  at  breakfast  with  Colonel  Findley  when 


(91) 

Captain  Hull  came  to  his  tent,  apparently  intoxicated :  he 
attempted  to  communicate  an  order,  but  could  not  be  un- 
derstood ;  and  Colonel  Findley  requested  me  to  ride  to 
General  HvU  to  know  what  the  order  was,  as  it  might  be 
of  considerable  importance.  I  found  the  General  in  the 
fort:  he  said  he  wished  the  line  of  battle  to  be  formed  at 
some  distance  below  the  fort ;  directed  me  to  order  Colonel 
Findley's  regiment  and  Colonels  M* Arthur  and  Cass's 
detachments  to  be  posted  there ;  and  ordered  me  to  consult 
Colonel  Findley,  and  to  tell  him  that  he  would  support 
him  immediately.  The  line  was  formed  perpendicularly 
to  the  river,  perhaps  a  quarter  of  a  mile  below  the  fort; 
the  left  behind  a  row  of  high  pickets ;  the  right,  I  believe 
was  behind  a  common  fence ;  our  dragoons  were  on  the 
right.  When  the  line  was  formed,. Captain  Maxwell  and 
myself  went  out  for  the  purpose  of  reconnoitering  the  ene- 
my :  we  discerned  them  marching;  in  column  through  a 
lane,  on  their  left  of  which  there  was  a  number  of  orchaids, 
gardens  and  buildings ;  the  fences  appeared  to  be  a  pick- 
eting or  stockade.  I  returned  immediately  to  the  fort, 
having  requested  Captain  Maxwell  t-^  report  to  Colonel 
Findley  the  situation  of  the  enemy. 

On  my  arrival  at  the  fort,  1  immediately  reported  the 
position  of  the  enemy  to  General  Hull ;  observed  that  this 
would  be  a  fit  opportunity  for  artillery  to  open  upon  them  ; 
and  that  if  they  attempted  to  form  in  line,  our  dragoons 
could  take  them  in  flank.  The  general  permitted  me  to 
take  out  some  pieces  of  artillery,  and  directed  me  to  take 
command  of  the  dragoons.  Immediately  after  leaving  the 
fort  I  met  with  Captain  Dyson,  who,  I  think,  informed 
me  that  Lieutenant  Anderson  had  taken  out  a  piece  of  ar- 
tillery. I  left  him  and  proceeded  to  the  right,  to  com- 
mand the  dragoons  who  were  patrolling.  By  the  time  I 
met  with  some  of  the  officers  of  dragoons,  I  perceived  that 
our  line  was  breaking  up,  retreating  to  the  rear,  toward^s 


• 


# 


(92) 

the  fort,  by  flanka  of  platoons  or  companies.  I  rode  to 
Colonel  Findley  to  inquire  the  reason :  on  my  way  I  met 
Ito  officer  and  inquired  what  was  the  matter:  he  said, 
•*  look  to  the  fort ;"  I  did  so,  and  saw  a  white  flag  flying. 
Colonel  Findley,  if  I  recollect  right,  said,  he  did  not  know 
why  we  retreated,  and' desired  me  to  ride  to  the  fort  and 
inquire.  I  saw  General  Hull  in  the  fort,  and  thought  him 
very  much  frightened  when  I  met  him.  I  inquired  of  the 
general  if  it  was  possible  we  were  about  to  surrender.  He 
said  something  about  the  enemy's  force  and  terras,  but*I 
could  not  collect  what:  his  voice  was  at  this  time  tremu- 
lous; I  mentioned  that  we  could  at  least  hold  out  till  we 
were  joined  by  Colonels  Cass  and  M*  Arthur.  He  cxclahn- 
ed,  "  My  God!  what  shall  I  do  with  these  Women  ai^d 
c*iildren !"  I  left  him,  went  to  Colonel  Findley,  an(^  stated 
that  all  was  lost,  and  requested  him' to  endeavor  to  save 
us.  After  this  I  did  not  see  the  general  until  the  terms^of 
capitulation  had  been  agreed  upon  J  I  then  met  him  in  a 
piazza  before ' Captain  Dyson's  quarters;  -he  appeared 
tranquil  and  perfecdy  composed.  ^He  said  that  he  was 
sorry  that  I  had  disapproved  of  his  conduct,  as  he  had  al- 
ways respected  me ;  that  no  man  felt  more  on  the  oceasion 
than  he  did;  and  made  some  observation  that  conveyed 
the  idea  that  he  considered  that  the  government  had  abim- 
doned  him,  and  he  hoped  that  I  would  continue  to  act  un- 
til the  troops  were  marched  out  of  the  fort;  to' which- 1  re- 
plied, tliat  I  would  do  my  duty.  I  then  received  either 
from  Genetal  Hull,  or  from  one  of  his  aids,  a  paper  con- 
taining a  copy  of  the  articles  of  capitulation,  which  I  Was 
directed  to  read  to  the  troops,  who  were  marched  out  by 
battalions  about  12  o'clock,  and  formed  in  a  hollow  square 
below  the  fort,  had  the  articles  of  capitulation  read  to  them, 
and  stacked  their  arms. 

Major  Jessup  having  continued  his  narrative  so  far, 
recurred  to  former  parts  of  It,  and  stated  that,  when,be- 


# 


(93) 

fore  the  capitulation,  he  communicated  to  General  HuU 
that  he  had  reconnoitered  the  enemy,   witness  found  him 
in  thetfort  on  the  side  next  die  enemy's, battery,  complete- 
ly sheltered,  ^ittmg  <m  the  side  of  «  tent  by  a  bed  j  that 
he  then  tiuld  the  general,  that  the  enemy's  force  was  about 
700  01  iiOO,  and  that  our  guard  which  w«a  most  advanced 
had  surrendered  to  the  enemy.  At  thi»  time  witness  thinks 
General  HuU  said  that  Colonel  Brush. told  him  that  his 
men  were  leaving  hiatt ;  he  also  exclaimed  that  four  men 
%«re  .kiUed  at  one  shot,  and  appeared  to  be  so  much  alarm- 
«d'that  he  did  not  know  what  he  was  about.  The  tobacco- 
juice  bad  iallenfixa«»his  mouth  upon  his  Jacket  and  abcut 
his  cheeks.    laK  head ofAe.enemy'ji column  waaat  some 
yands  distance,,  and  a  detachment  of  the  enemy?a   troops 
came  into  the  fort  before  the   American  troops  marched 
out,  and  before  the  articka  of  capitulation  were  sigaed. 
No  means  were  taken,  to  die  knowledge  of  witness,  to 
prevent  the  enemy  Irom  getting  command  ef  our  b^u^ri^a. 
Witness  was  informed  that  the  Advanced  giwd^wbich  h^ 
^surrendered,  consisted  of  about  twelve,  ,9aid  to  be  com- 
manded by  one.Godefiroy,  a  Freot:bmaa.and  a  citizen. 

Major  Jessup  stated  also  4hat,  on  the  evening  of  the  15th 
when  he  mentioned  to  the  general  that  the  enemy  had' 
moved  with  most  of  his  forces,-  he  observed  that  it  would 
be  a  fine  opportunity  to  cross  over  and  spike  the  cannon ; 
and  proposed  going  himself  with  200  men— then  with  150* 
and  then  with  100  men— on  which  propositions  several  ob- 
servations were  made,  but  no  permission  given  to  the  wit- 
ness ;  whose  opinion  was  then,  and  stUl  is,  that  the  enemy's 
works  could  have  been  carried  with  one  hundred  men. 
Witness  said  that,  at  the  moment  of  this  conversation  a 
ahot  struck  a  house  near  him,  upon  whiqh  General  Hull 
was  much  agitated,  dismounted,  and  led  his  horse  to  the 
fort.  Witness  did  not  know  from  what  the  agitation  arose, 
bat  believed  it  was  from  fear,  and  the  novelty  of  his  situa- 


• 


(    94    ) 

tlon.  Whenever  he  saw  the  general  before  the  capitulation, 
he  was  agitated ;  after  it  he  appeared  composed.  Witness 
says  that  the  country  near  was  of  such  a  nature,  as  that,  by 
cutting  down  some  of  the  orchards  in  the  neighborhood  of 
the  fort,  and  posting  men  in  the  gardens,  a  few  men  could 
have  defended  themselves  against  the  whole  British  force, 
and  that  he  wondered  that  it  was  not  occupied  on  the  even- 
ing of  the  15th  August. 

Major  Jessup  stated  also  that  he  had  received  a  report 
from  different  adjutants  of  different  corps,  estimating  the 
men  fit  for  action,  and  thinks  that  the  amount  (as  stated  in 
General  Cass's  letter)  exceeded  1000  men,  including  the 
Michigan  militia  of  400,  and  the  detachments  absent  with 
Colonels  Cass  and  M*Arthur;  perhaps  this  estimation  in- 
cludes the  Michigan  legion,  which,  on  an  occasion  when 
he  had  two  companies  of  them  under  his  command,  be- 
haved as  well  as  any  ttroops  he  ever  saw,  having  formed  on 
an  island,  where  some  fighting  was  expected,  in  the  most 
regular  manner.  There  were  also  on  the  evening  of  the 
15th  about  30  or  40  armed  waggoners.  The  witness  did 
not  know  the  enemy's  force,  but  his  impression,  from  the 
attempt  he  made  to  count  them»  and  from  the  size  of  their 
platoons  and  of  their  columns,  was,  that  the  white  force 
was  about  750,  exclusive  of  Indians— a  part  of  the  militia 
force  was  dressed  in  red  coats  as  regulars. 


Major  jessup  was  then  questioned  by  the  Court. 

Q.  Did  you  preserve  the  orderly  book  of  the  brigade  of 
which  you  were  brigade-major  ? 

A.  By  an  article  of  the  capitulation  it  was  given  up*  as 
forming  part  of  the  public  documents,  as  stated  by  General 
Brock  and  Colonel  McDonald  ;  who  considered  orders  and 
reports  as  such,  and  directed  that  they  should  be  delivered 
to  Lieutenant  Bullock,  of  the  49th  regiment. 

Q,.  Did  you  advance,  on  the  16th  August,  to  reconnoitre 
the  enemy,  by  order  of  General  HuU  ? 

♦  • 


*^ 


(    95    ) 

A.  I  did  not :  I  advanced  entirely  by  order,  or  at  the  re- 
quest of,  Colonel  Findley,  who  commanded  our  line  in  ad- 
vance of  the  fort. 

General  Cass  and  Majors  Tremble  and  Van  Home  were 
discharged  from  any  further  attendance  on  the  Court. 

C Adjourned  to  the  next  day. J 


3  reconnoitre 


fiOthDay,     Thursday ^  10th  February,  1814. 

The  Court  met  pursuant  to  adjournment— ai/  the  Mem- 
bers present. 

Major  JessupU  examination  by  the  Court  was  continued. 

Q.  What  were  the  conduct  and  sensations  of  the  troops 
when  you  read  the  articles  of  capitulation  to  them  ? 

A.  On  the  morning  of  the  16th  the  spirits  of  the  troops 
seemed  to  be  somewhat  depressed;  but,  upon  my  giving 
the  order  to  form  the  line  of  battle,  they  were  revived,  and 
appeared  desirous  of  meeting  the  enemy.  When  the'  line 
was  retreating  both  officers  and  men  appeared  displeased 
and  murmured  j  and  when  ordered  to  stack  their  arms,  af- 
ter marching  out,  they  evinced  the  greatest  dissatisfaction 
and  indignation. 

Q.  Did  Colonel  Brush's  men  leave  him,  as  stated  to  vou 
by  General  Hufr?  ' 

A.  I  believe  not.  I  only  stated  that  the  general  men- 
tioned that  Colonel  Brush  reported  to  him  (the  general) 
that  his  men  were  leaving  him.  I  did  not  hear  of  this  but 
through  General  Hull. 

Q.  Do  you  know  what  was  the  cause  of  the  troops  being 
low  spirited  on  the  morning  of  the  16th,  before  the  line 
was  ordered  to  be  formed  ? 

A.  They  had  been  under  arms  the  whole  of  the  prece- 
ding night,  and  appeared  to  be  of  opinion  that  no  exer- 
tions would  be  made  to  repel  the  enemy. 


» 


Iflll^ 


(    96    ) 

Q.  While  the  termti  of  capitutation  were  discussing, 
were  the  troops  of  the  U.  S.  so  posted  as  to  have  been 
able  to  make  a  defence,  in  the  event  of  degrading  teroif 
being  insisted  oft  by  Genera!  Broct  i 

A.  The  men  were  crowded  in  the  fort  in  the  utmost  dis- 
order. The  enemy's  troops  were  permitted  to  approach 
s,o  near  the  fort  a»  to  be  able  to  take  possession  of  the  bat- 
teries. 


Cross-examined  by  General  Hull. 

Q,.  Did  you  see  Colonel  Brush's  men  on  the  morning  of 
the  16th? 

A.  I  saw  Colonel  Brush's  men  after  my  return  from  re- 
connoitring :  they  were  marching  across  the  common  at  the 
back  of  the  town.  ^ 

Q.  In  your  direct  examination  you  have  stated  that  your 
orderiy  book  was  taken — where  are  the  manuscript  orders  ? 

A.  I  believe  that  Captains  M^Cormick  and  Butler  have 
the  orderly  book  of  their  regiments,  but  do  not  know  that 
they  ate  here.  Those  gentlemen  were  adjutants  to  Colo- 
nels Pindley  and  M* Arthur's  regiments.  The  manuscript 
orders  were  given  up  also. 

Q.  Did  you  receive  any  orders  from  me ;  and  how  were 
thev  communicated  ? 

A.  They  were  generally  sent  by  an  aid-de-camp  to  me : 
upon  which  I  assembled  the  adjutants  of  regiments  at  my 
quarters,  and  communicated  them.  I  speak  of  the  written 
orders  and  those  while  on  march. 

Q,.  Was  there  not  an  order  of  march  published  ? 

A.  There  was  an  order  of  march  published  at  Dayton, 
©r  in  its  neighborhood :  we  departed  from  that  order  in  our 
march  from  Ui-bana. 

Q.  Do  you  recollect  the  paper,  now  presented,  and  in 
the  words  «  Ef active  aggregate  of  the  three  regiments j 
about  700  V* 


nd  how  were 


(    97    ) 

A.  It  is  my  hand-writing,  and  was  handed  by  me  to 
General  Hull,  on  the  evening  of  the  Ifth  August—the 
waggoners  of  the  regiments,  I  believe,  were  included  in 
the  estimate,  but  the  4th  regiment  was  not:  it  was  only 
What  remained  of  Colonels  Cass  and  M* Arthur's,  and  the  ' 
whole  of  Colonel  Findley's  regiment,  and  so  explained  at 
the  time.  This  estimate  was  made  by  me  at  the  request 
df  General  Hull,  on  the  evening  of  the  15th  August. 

Captain  Charles  Fuller^  of  the  4th  Regiment  Infantry^ 

nuorn. 

This  witness  stated  that  he  belonged  to  the  North- West- 
ern army  under  General  Hull,  and  was  at  Detroit  on  the 
15th  and  16th  August,  1812— that  soon  after  the  white  flag 
was  hoisted  witness  went  to  the  gate  of  the  fort,  and  met 
lieutenant-Colonel   M'Donald  and  Major  Glegg,  of  the 
British  army,  on  horseback.     General  Hull  was  standing 
near  the  gate.    One  of  them  said  to  the  general  that  they 
Were  sent  to  him  by  General  Brock,  on  seeing  the  white 
dag  hoisted,  to  receive  any  communications  General  Hull 
might  have  for  General  Brock,  when  General  Hull  replied, 
"  Gentlemen^  I  shall  surrender,     I  beg  you  will  go  to  the      :^  - 
marquee  in  the  feld^  where  I  will  come  or  send^ — that  Ma-    MP 
jpr  Glegg  requested  witness  to  accompany  him,  to  shew 
where  the  marquee  was,  as  he  was  apprehensive  the  militia 
might  fire  upon  him,  from  not  knowing  his  business ;  that 
witness  went  With  them  to  the  marquee,  where  they  were 
furnished  by  Major  Snelling  with  pen,  ink  and  paper ;  soon 
after  which  General  Hull,  Colonel  Brush  and  Colonel  Mil- 
ler came  to  the  marquee,  where  witness  remained  aboi|^ 
ten  minutes  and  then  went  to  the  fort — ^that,  on  his  reaching 
the  fort,  he  found  the  militia  (i.  e.  Colonel  Findley's  mili- 
tia) in  the  greatest  confuision,  with  th^ir  arms  stacked — that, 
after  this,  witness  went  to  Captain  Dyson's  quarters,  and 
saw  the  tyro  .British  officers  coming  out  of  them.    Colonial 

N 


# 


(    M    ) 
M'DomU  h,d  ,  p.pe,  in  hi.  hand,  which  h.  ,«d  wu  the 
.ruck.of  «p.euU,io».ig„.d  by  G«.r,d  Hull,    ..a,  he 
w«  Uk,„g  „  u,  Ge„.«l  Brock  for  hi.  .pp«b.,io„,  .„d 

TwlTT  '°  "'""'■•"^  •""•'  «*"  "»  •»»  ""o;  .h« 
.itr  ",*«■»««»««»  with  which  rc,ue.t  witness  com- 
pU«d   «1  found  the  British  column  „.„ly  hrff  .  ™i,.  f„„ 

S^lS;^:.^'^"*  *•'•  "•^''  '»•'»'-«''«  <»  «•-«  left  Col. 
^J^  Th  n'"™"" '"  *'  '■"'•  WKnes.  s.y.  that  he 
MW  General  HuU  several  times  on  the  16th,  and  in  hi. 
lu^ment  he  appeared  to  be  frightened-witness  thought  «> 

of  the  16th,  and  does  not  know  when  it  was  pitched. 

,.U  .wr'  '"  "  ^"'•'°"  **  ^'"'«''  '«'"■  C»P«»i»  Fuller 
said  that  he  received  a  letter  on  the  2d  July  fthe  dav  aft^ 

.*"r  i'a  T  """""  ""^  MiamoUmtne;^  hZ 
to  Colonel  Anderson,  to  proci«  for  witness  ,  boat  and 
funds,  that  he  might  go  inpu..„it  of  the  vessel  which  ,^ 

^l«„Tf  ""'  ""}  r**  '"'••  C*«'  Anderson  co^d 
not  find,  boat;  and,  fromth,,  wind,  blowing  so  harrit 

would  have  b.«,  i„p,..ihle  t,  overtake  the  vessel.  Col " 
nel  And.r.on  wa,  the  commanding  officer  of  the  milithi 
A^n^d  d.d  every  thing  in  hi,  power  to  procure  a  tea  - 
*.t  4e  g«,erd  sent  for  witr.e..  about  daylight  in  the  mom- 
»g.  to  send  h,m  off  to  stop  the  vessel,  saying  that  he  had 

.u.,re.e,vedana«ountofth,edecUratio„ofw^.He  though 
Ae  genend  appeared  on  th«  morning  of  the  16th  Uke  ami 
fun  of  anxiety,  duH,  heavy  and  low  spirited. 

oertnlrV""^.*"  '  '"''  *'  "•**""«  »'  "--"B  ""der 
personal  fear:  do  you  not  think  that  appearance  mi.h, 

W  ^«ed^  froman,..ty  and  the  hea;''^;:^:^ 

A.  I  presume  it  would.  I  have  no  doubtofyour  appear- 
ance on  that  occasion  being  the  effect  of  personal  fea^  I 
had  none  then,  I  have  none  now.  ' 


(  w  ) 

Captain  John  Z.  Eattman,  •/  the  Mh  RegimeM  U.S. 
Infantry^  nvorn,     •  , 

Captain  Eastman  informed  the  Court  that  he  belonged 
to  the  North- Western  army  under  General  Hull,  and  was 
at  Detroit  in  1813,  adjutant  of  the  4th  Regiment— that  the 
morning  report  of  that  regiment,  on  the  15th  August,  was 
345,  grand  aggregate  of  total  present,  including  a  small  de- 
tachment of  the  Ist  regiment  under  Lieutenant  Stan^ury, 
then  unfit  for  duty,  and  the  sick ;  that  "he  saw  Colonel 
M' Donald  with  General  Hull  in  Captain  Dyson's  quarter* 
— ^heard  the  general  express  to  Colonel  M'Donald  a  wish  to 
make  provision  for  the  Canadians  who  had  taken  protection 
from  him,  when  Colonel  McDonald  replied,  "  It  is  totally 
inadmissible,"  and  the  general  said,   "  Welly   Sir^   I  •hall 
Mirrender,"     When  the  shot  from  the  enemy  killed  the  offi- 
cers.  General  Hull  went  into  Captain  Dyson's  quartevi|r 
and  immediately  returned  with  a  letter,  which  he  gave  to 
Captain  Hull,  his  aid,  to  send  by  Captain  SneUing  with  a 
flag.    Captain  Hull  took  one  of  the  pikes  made  for  board« 
ing  the  Queen  Charlotte,  tied  a  white  handkerchief  upon  it, 
and  gave  it  to  Captain  SneUing,  who  took  hold  of  it  with- 
out seeing  the  flag,  but  upon  seeing  it,    said  he  would  be 
damned  if  he  would  disgrace  himself  by  taking  that  flag 
from  the  fort.   General  Hull  standing  near,  asked  what  was 
the  matter;  Major  SneUing  said  he  was  in  a  passion,  and 
Captain  HuU  then  took  the  flag  and  went  witness  did  not 
know  where. 

Witness  said  that  he  saw  the  general  on  the  moraing  of 
the  1 5th,  when  the  sheU  burst.  When  it  came  into  the  fort 
he  ran  as  if  he  was  going  under  the  platform,  but  witness 
did  not  know  whether  it  was  his  intention  or  not.  The  gene- 
ral's whole  conduct,  on  the  evening  of  the  15th  and  mornmg 
of  the  16th,  was  such  as  to  impress  the  witness  with  the  con- 
viction that  he  was  under  the  influence  of  peraonal  fear,  which 
opinion  witness  expressed  at  the  time.    Witness  remained 


(   too   ) 

24  6^yB  at  Defrost  after  the  capitulation.  The  Saganae  In- 
dians «mvf  .i  there  in  about  three  days  after  the  capitula- 
tion  in  number  about  260,  of  whom  60  were  warriors- 
^e  Makana  Indians  did  not  arrive  before  the  10th  or  11th 
^eptewber,  in  number  about  1 100  or  1200  warriors, 
^MemjCross-exummedby  General  Huii,  mtnese  said  that 
2ie  had  not  the  orderly  book  of  the  4th  Regiment,  nor  any 
manuscript  oi  J.rs,  and  presumed  the  enem>  possessed  them- 
selves  of  it— that  Lieutenants  Stansbury's  and  M'Cabe's 
^tachments  were  included  in  the  morning  report  of  tht 
4|n^  Heg^mem. 

i^^'i^riant  George  Gooding,  of  the  4th  V.  S,  liegiment 
Infantry,  sworn. 

^T'^Z"  'TJ^**  ^^  ^^  ^"  *^  North-Westem  ar^v 
under  General  Hull,  and  went  with  the  baggage  in  the  vesV 
•el  from  the  Rapids-^^iid  not  go  by  any  order,  and  never 
knew  the  master  of  her  before  he  wert  on  board-^hat  he 
saw  two  tmnk.  on  board,  which  he  supposed  belonged  to 
'^neral  Hull,  containing  letters  from  the  Secretary  at  War 
to  the  general,  but  does  not  knowof  imy  muster-rolls.  The 
b^at  was  taken  in  the  mouth  of  the  river,  between  the  shore 
^d  the  island  of  3ois  Blanch,  and  onthe  Maiden  side,  near 

of  Maiden.  The  boat  that  took  them  was  coming  from 
tneisknd.  y^uness  saw  onthe  south  side  of  their  boat  a 
argc  batteau  full  of  British  soldiers,  making  for  them- 
Aat  there  were  m  the  boat  with  witness  altogether  about 
40  or  45  men,  34  or  36  of  whom  were  of  the  1st  and  4th 
«g.me«ts,  the  whole  of  whom  were  invalids  ,  two  militia 

rn^l'^HK  T  '7''""'  -"^d  himself  beingthe  onlypersons 
m  ueaUh  on  board,  excepting  the  boat's  crew-that  the  arms 
were  m  die  nold-that  when  they  started  they  had  not  the 
rl'lT?  ""  or  suspicion  of  being  attacked-that 
on  the  2d  July,  witness  was  taken  to  Amhcrstburgh,  and 


\  ^vi 


(  im  ) 

remained  there  until  the  6th  August— >while  there  he  saw  a 
Iptter  from  General  Harrison  to  General  Hull,  naming  a 
certain  Indian  chief,  upon  whom  the  latter  might  rely; 
which  Indian  was  put  in  irons  in  consequence.  Witness 
says  that  the  regular  British  force  at  Maiden  was  from  200 
to  250 ;  that  about  120  boatmen  arrived  after  he  arrived 
there,  he  having  seen  them  draw  part  of  their  arms  from 
the  military  store ;  that  the  militia  was  coming  in  every 
day,  but  he  did  not  know  their  numbers,  nor  ever  saw  them 
parade-^the  militia  guard  about  the  middle  of  July  stood 
48  hours,  on  account  of  the  smallness  of  their  numbers ; 
that  Colonel  Proctor  arrived  at  the  end  of  July,  or  first  of 
August,  in  an  open  boat,  with  ten  or  twelve  mep.  Witness 
knew  of  no  force  brought  by  Colonel  Proctor,  nor  of  any 
reinforcements  after  his  (witness's)  arrival  there,  except 
about  50  or  60  Sank  Indians,  who  came  about  the  middle 
of  July.  Witness  saw  a  man  riding  in,  and  heard  him 
halloo  "  The  Yankees  are  coming,'*  and  then  he  saw  some 
things  going  on  board  the  brig  Hunter,  and  there  was  much 
confusion  in  the  town. 

»  ■  ■ 

Cross-examined  by  General  Hull. 
Says  that  he  thinks  there  were  an  officer  and  six  men  in  the 
boat  which  took  our  vessel  with  the  sick. and  baggage ;  that 
he  saw  some  small  arms  and  cutlasses-^that  he  had  no  or- 
ders to  throw  aw^y  arms  or  any  thing ;  there  was  a  captain 
Sharp  on  board,  a  senior  officer ;  that  the  boat  was  loaded 
and  the  arms  stowed  aw(>y  before  he  went  on  board  ;  that 
he  does  not  know  the  number  of  militia  at  Maiden  ;  thev 
were  coming  in  every  day  from  the  2d,  to  about  the  15th 
July  J  that  they  had  no  thoughts  of  being  taken,  or  of 
making  any  attempt  at  resistance,^and  he  has  no  recollection 
of  any  instructions  to  keep  on  the  American  side  ;  that  the 
confusion  he  spoke  of  as  being  at  Maiden  was  in  the  town ; 
he  was  not  in  the  fort.  In  his  opinion,  if  they  had  been 
prepared  for  action,  the^  could  not  have  escaped. 


'  -%'or  Jermiah  Monson,  27th  U,S.  Regiment  Infantry^ 

sworn. 
Major  Monspn  said  that  he  was  wounded  before  the  army 
went  into  Canada,  and  was  not  reported  fit  for  duty,  nor  has 
done  any  duty  since  the  9th  or  10th  July,    when  he  was 
wounded ;  that,  knowing  that  Colonel  Cass  and  Major  Mor- 
rison were  absent,  he  desired  his  brother,  on  die  evening 
of  the  15th,  when  the  enemy's  fire  ceased,  to  take  him  to 
the  grouftd  where  his  regiment  was  posted,  as  well  as  Col- 
onel M' Arthur's,  in  the  rear  of  the  fortress  and  in  the  line 
of  the  enemy's  fire ;  that  General  Hull  and  his  aid.  Major 
Jessup,  came  there— the  regiments  were  in  disorder  and 
confusion— the  sick  and  wounded  of  these  detachments  were 
situated  in  the  ditch  of  the  fort,  whither  they  had  gone  for 
safety,  from  the  place  assigned  to  them;  that  witness  Ap- 
plied to  General  Hull  to  have  them  removed,  and  was  re- 
quested, if  his  health  would  permit,  to  attend  and  arrange 
them  as  w6ll  as  he  could,  which  he  did,  and  struck  the 
tents,  and  General  Hull  expressed  his  approbation  of  what 
he  had  done  ;  that  he  asked  the  general  if  it  would  not  be 
proper  to  inform  Colonel  Findley  of  the  new  disposition  of 
these  men,  and  was  requested,  as  it  was  on  his  way  to  his- 
quarters,  to  do  it,  but  being  exhausted,  he  sent  word  by 
Major  Van  Home.    This  was  between  11  and  12  o'clock 
at  night. 

Witness  said  that  he,  as  well  as  his  brother,  had  some 
business  with  General  Hull,  and  went  to  him  on  the  16th 
about  one  or  two  o'clock,  P.  M.  Major  Glegg  same  in  and 
apologised  for  the  firing  having  broken  some  of  the  win- 
do'vs  of  the  general's  house.  The  general  told  the  witness 
that  he  could  do  nothing  m  his  business  till  Colonel  Cass  ar- 
rived, and  that  he  was  expecting  him  every  moment. 
He  said,  **  I  almost  dread  seeing  the  Colonel,  as  I  expect 
he  will  censure  mc  very  much,  my  country  will  also  ccn- 


(     103    ) 

sure  me,  but,  under  existing  circumstances,  I  have  done 
what  my  conscience  directed— I  have  saved  Detroit  and 
the  territpry  from  the  horrors  of  an  Indian  massacre." 

Cross-examined  by  General  Hull. 
Q.  Were  not  the  best  men  of  Colonels  M«  Arthur  and 
Cass's  regiments  sent  upon  the  detachment  under  those 
officers  i 

A.  I  do  not  know;  I  presume  so.    When  I  formed  the 
remainder  of  the  two  regiments,  there  were  30  or  40  of 
those  invalids,  who  were  with  sufficient  officers  in  the  rear 
formed  as  a  reserve,  and  permitted  to  lie  down  with  their 
blankets. 

Q.  What  was  the  quality  of  the  arms  of  the  three  Ohio 
regiments? 

A.  At  the  time  they  drew  their  arms,  I  was  acting  as  aid 
to  Governor  Meigs,  and  was  ordered,  with  a  mechanic,  to 
inspect  them :  many  of  tiiem  were  condemned,  and  many 
of  them  proved  very  bad.  On  the  day  previous  to  my  be- 
mg  wounded,  there  were  considerable  complaints  about  die 
arms-Colonel  Cass  ordered  diem  to  be  examiotd,  which 
was  done;  there  were  many  unfit,  and  were  replaced  bv 
jome  new  arms,  issued  by  order  of  Genend  Hull  from  the 
arsenal  at  Detroit.  . 

^en^erT***'  ""*'  ^^  ''^'^  "^  *^  ™'  ""^  *^  ^^"*^  °^  »"«■- 
A*  I  do  not  knew. 


C^djoumed  to  the  next  day. J 


(     104    ) 


■ 

B 

U 

1 

Stst  Day.    Fridai/j  iUh  Februartfj  ISU, 

The  Court  met^  pursuant  to  adjournment — all  the  members 

present-— 'When 

Lieutenant  Asher  Philips,  of  the  ISfA  Regiment  United 
States  infantry y  was  sworn  and  said 

That  he  was  d9ing  duty  in  the  fourth  regiment  of  infan- 
try, and  in  the  army  commanded  by  Brigadier  General 
Hull,  and  was  at  Detroit  on  the  15th  and  16th  August, 
181 2-— that  he  9aw  General  IIuU  on  the  niorning  of  the 
latter  day,  but  did  not  hear  him  say  much ;  he  was  sitting 
on  a  tent,  which  was  lying  on  the  grounds  with  his  back  to- 
wards the  parapet  or  wall,  one  gehtleman  and  one  lady 
near  him — he  appeared  to  be  very  much  agitated,  and  wit- 
ness then  supposed  that  he  was  under  the  impression  of 
fear— the  gentleman  who  stood  by  the  general  was  Doctor 
Cunningham,  who  the  lady  was  witness  did  not  recoi- 
led. 

Q.  (By  ^General  Hull).  Did  you  not  see  a  number  of 
officers  about  me,  while  sitting  on  the  tent,  on  the  morning 
of  the  16th? 

'    A.  irhere   might  have  been;  but  I  do  not  recoUectt 
They  may  have  been  walking  about,  but  not  sitting  down. 

Captain  Charles  Fuller  was  again  called^  and  being  examtri- 
edby  the  fudge  Advocate,  says 
That  there  were  some  women  in  Captain  Dyson's 
quarters  on  the  morning  of  the  16th  August,  sewing  up 
flannel  cartridges*  Colonel  Brush's  wife  and  the  wives  of 
some  other  of  the  officers  were  in  the  fort  on  that  morning. 

^estions  by  General  HulU 
Q.  Did  you  not  see  the  Ohio  militia  (volunteers)  then  ? 
State  what  you  know  of  their  discipline. 


(    105    ) 

A.  They  were  as  well  disciplined  as  militia  usually  arc, 
•nd  better  than  the  Indiana  militia  uader  General  Harrison. 

Q.  Was  it  ID  my  power  to  prevent  indiscriminate  firing, 
when  I  gave  orders  to  that  effect. 

A.  I  heard  of  orders  being  frequently  given  to  prevent 
promiscuous  firing,  but  they  did  not  entirely  suppress  it. 

Q.  Did  you  never  hear  of  a  mutiny  among  them  ? 

A.  I  heard  the  sentence  passed  upon  two  or  three  of  the 
ringleaders.  Some  of  the  volunteers  refused  to  march 
from  Urbana— Captain  Cook's  company  was  sent  back-^ 
There  are  more  particulars  stated  in  General  Hull's  official 
letter. 

Q.  Were  there  not  labels  posted  on  the  trees,  recom- 
mending to  the  men  not  to  march  ?  and  were  not  some  of 
the  officers  rode  upon  rails  ? 

A.  I  heard  of  these  things^  but  never  saw  them. 

Colonel  James  Mtlkr,  of  the  m  Regiment  United  Stated  In- 
fantry»  called  and  nuorn*  • 
Colonel  Miller  said  that  he  commanded  the  fourth  regi- 
ment of  United  States  infantry  in  the  North- Western  army 
under  comnaand of  Gen.  HuU  joined  the  army  at  Urbanaand 
remained  with  it  until  the  16th  August-^that  he  knew  no- 
thing of  an  order  of  battle  in  the  march  from  Urbana  to 
Detroit— that  there  was  a  general  understanding  how  they 
were  to  form  in  case  of  being  attacked  in  the  woods— this 
was  known  by  his  regiment,  but  he  could  not  say  as  to  th« 
militia.  Witness  crossed  over  to  Canada ;  was  at  the 
river  Aux  Canards  with  Colonel  Cass  and  the  detachment 
under  his  command ;  went  with  a  detachment  of  50  regu* 
lars  and  about  250  Ohio  volunteers.  Witness  was  a  vo- 
lunteer, by  consent  of  General  Hull,  and  under  the  com-  • 
mand  of  Colonel  Cass— the  detachment  proceeded  within 
a  mile  and  a  half  of  the  bridge,  and  then  sent  some  men  in 

.  advance,  who  reported  that  there  were  «0  mr  >  •>f  the  «ne* 

O 


H 


(     106    ) 

my  (25  on  the  bridge,  and  25  on  the  other  side  of  it) ;  49 
riflemen  were  then  detached  towords  the  brtdge,  so  as  that 
the  main  body  of  the  detachment  might  march  under  cover, 
with  a  determination  if  possible  to  secure  those  50  men. 
It  was  expected  that  some  guides  would  be  procured;  but, 
not  having  any  acquainted  with  the  country,  the  detach- 
ment shewed  itself  to  the  enemy  sooner  than  was  intended ; 
in  consequence  of  which  they  fell  back  fl-om  the  bridge 
and  formed  the  line  of  battle  so  as  to  prevent  our  cutting  off 
their  retreat.  They  fired  three  ineffectual  vollies  upon  us 
and  made  good  their  retreat.  The  detachment  took  pos- 
session of  the  bridge ;  left  a  guard  at  it;  and  fell  back  with 
the  main  body  to  some  farm  houses,  with  the  view  of  get- 
ting some  provisions;  having  taken  none  with  us. 

An  express  was  then  sent  to  General  Hull  informing 
him  of  what  had  been  done.    The  possession  of  this  bridge 
by  the  enemy  was  a  great  obstacle  in  our  way ;  and  having 
now  got  possession  of  it,  we  presumed  it  would  be  kept. 
In  answer  to  the  communication  General  Hull  sent  an  or- 
der for  the  detachment  to  return,  as  he  could  not  think  of 
dividing  the  army,  and  did  not  intend  proceeding  to  I^al- 
den  for  some  time.    A  second  application  was  then  made 
to  the  general,  urging  the  necessity  of  maintaining  the 
bridge,  in  answer  to  which  General  Hull  sent  a  discretion- 
ary order  on  the  subject.    The  officers  were  called  to- 
gether to  advise  upon  the  case ;  and  it  was  determined 
that,  unless  we  could  support  the  bridge  with  our  whole 
force,  we  had  better  return*  as  the  enemy  was  very  strong, 
in  whole  force,  within  four  miles  of  the  bridge,  which  was 
fourteen  miles  from  our  main  body.    Witness  said  that  he 
mentioned  to  Col.  Cass,  and  they  agreed,  that,  as  they  had 
not  the  disposition  of  the  whole  force,  they  should  not 
take  the  responsibility— they  then  left  the  bridge  and  re- 
turned to  the  encampment. 
Witness  said  that  on  the  evening  of  the  8th  of  August, 


(iQf   ) 

he  left  Detroit,  having  been  ordered  with  a  detachment  of 
600  men  to  go  to  the  rivur  Raisin,  for  the  purpose  of  es- 
corting some  provisions  which  were  under  charge  of  Capt. 
Brush— that  the  first  opposition  he  encountered  was  from  a 
party  of  Indians,  who  fired  upon  his  advanced  guard  near 
Maguaga— that  the  detachment  being  in  the  woods  lightened 
themselves  by  throwing  off  their  knapsacks  with  their  provi- 
sions, aod  then  advanced  upon  the  Indians,  who  retreated 
and  were  pursued  two  miles  and  a  half— that  witness  did 
not  think  it  prudent  to  allow  the  men  to  move  from  the 
line  to  take  up  their  knapsacks— that  the  Indians  reached 
their  main  fqrce  there  and  made  a  strong  opposition,  but  were 
defeated.  Witness  could  form  an  opinion  of  the  strength 
of  the  enemy  only  from  the  length  of  our  line^  and  he  con- 
sidered the  forces  on  each  side  nearly  equal.  He  thought 
that  by  this  operation,  the  communication  with  the  river 
Raisin  was  completely  opened.  Witness  sent  a  spy  into 
Brownstown  and  understood  by  Captain  Maxwell  that  the 
enemy  had  disappeared;  he  then  returned  to  the  field 
of  battle  to  collect  his  dead  and  wounded,  and  encamped 
there  for  the  night.  Captain  Maxwell  was  sent  out  the 
ensuing  morning,  and  brought  two  or  three  scalps  on  red 
painted  poles  left  by  the  Indians,  as  evidence  that  he  had  been 
at  Brownstown.  Witness  said  that  he  detached  Capt.  Snel- 
ling  to  Gen.  Hull,  at  Detroit,  to  inform  him  of  the  transac- 
tion, and  that  we  had  lost  the  greater  part  of  our  provi- 
sions ;  and  requesting  him  to  send  provisions  with  boats  or 
waggons  to  carry  back  our  wounded  men ;  and  also  with  a 
further  request  for  a  reinforcement,  if  he  could  spare  it,  as 
the  men  were  very  much  fatigued  and  many  were  wounded 
•—that  Colonel  M*  Arthur  came  down  the  next  day  with 
8  or  0  boats,  and  brought  (as  witness  thinks)  2  barrels 
of  flour,  one  barrel  of  pork  and  apart  of  a  barrel  of  whiskey 
-that  the  men  were  very  hungry,and  made,  witness  believes, 
only  4  breakfast  of  this  supply— that  it  was  late  in  the  day 


m 


(    i08    ) 

tance  then  from  the  rivet.  »«;.■  .-  «*=— mc  oh- 

abouth^ir   "" '"""""^  ">"'n  was  1&  or  18  miles,  beinr 
about  haU  «„y  fc.,„„„  ^^,^.^  ^_^_j  _^        R.i.i„_,h;,  ^'' 

Xl^  ,h  Jh    ""u"'"  ""'  "-"Pl'-i-K  of  want  of 

SLuWer?„rr  *'  "««"»""»«.  ana  *™  «»  witn",.". 
Tme  bv  .T.i  T«  f  "■«  <'"«y.  .".wered  that  he  had 
come  by  ,  back  road  and  had  lost  hi.  way.    He  bron^ht  to 

S^llS^T  :"•'"«*"■»  «— 'Hull  to  m„t  »■ 

DetrT  on^'th"  rh-tr'"  "l  ",'  '""'  ""  "^«-.  " 

command  on  A.,       ~     V"  *'  '""^  """^^  «'»«»*• 
command  on  that  serviee  there  were  about  280  regulars 

Ae  rest  were  volunteer.  f„m  Michigan  and  Ohio,  ^r^' 

^ri^u^^tT  *n  TT"  • ""»'"  •"-"sht  he ;:;" 

^L  Ta.^"^  "'  *"'  ''"■^riptioiU  they  aU  behaved 
1 1^,  T^'"™  ««P'  4e  cavdry-thelos.  in  the  b«de 
m  Med  and  wounded,  was  8t-he  Aink.  tr  kiUed  <m  .he 
ground  and  64  wounded— reports  stated  l<vt  r-j-  ! 

30  whites  of  the  enemy  kilUd'an"  ZlT  """'  "' 

whi' G«e'^'  tc'kM::  r"""  °"  *:  "*  ^"^-. 

General  H„II     r  T  V  !.         •""""ions  of  surrender  to 

.7?„  ,.^  ?'  ^'"^'y  »"■•  *'  *i"««  V  -e  direct- 
«i  to  attend  at  the  general's  quarters,  when  he  shewed  .hi 
summon,  and  asked  what  wa,  to  be  done ,   ht"  ^^j*' 

.razrifitit^d^r -'■-"'--— 

Witness  said  that  he  was  on  that  day,  and  had  been  for 
Z»         '"7  ?"'-""*  """"S  «>»  cannon,^;  Ge„e™ 

^«  mTd  that  ^°"  ""  *^  "°""°«  °'"»=  »«■>.  »»""» 
»f«rmed  that  the  enemy  w«s  approaching,  and  th«  some 


of  Captain  Knagg*.  men,  of  the  Michigan  militia,  hatf  join, 
ed  them— that  some  time  after  this  General  Hull  asked 
witness  if  he  had  not  better  sent  a  flag;  witness  replied, 
he  did  not  know,  but  that  he  had  better  consult  the  com! 
mandmg  officer  on  the  outside  of  the  fort  (witness  bein* 
sutioned  in  the  fort  whh  his  regiment,  and  having  com- 
mand  of  ,t)  who  had  a  better  opportunity  of  ascertaininif 
the  number  of  the  enemy,  that  General  Hull,  in  answcj 
to  this  said  there  was  no  time  for  consultation  and  that  h^ 
would  send  a  flag  :  and  he  did  so.     That  some  time  after 
Ui.s   Colonel    Fmdley's  troops   came  into  the   garrison. 
1  hat  Gen.  Hull  went  out  to  a  tent  that  was  pitched  in  the 
southerly  part  of  the  fort  and  sent  for  witness,  who  went 
there,   and  as  he   approached  saw   the  general   standing 
with  his  back  to  the  door— witness  heard  him  say  to  Col 
McDonald  or  to  Major  Glegg  «*  /  will  surrender.''     He 
then  requested  Col.  Brush  and  witness  to  assist  in  drawing 
up  some  articles  of  capitulation;  that  witness  remained 
there,  lying  on  the  ground,  having  a  violent  fit  of  the  ague 
while  Brush  and  M'Donald  were  penning  the  articles ;  that^  ' 
the  paper,  now  exhibited,  is  the  paper  he  signed ;  thatatthe 
time  that  it  was  read  to  him,  it  contained  a  provision  that 
the  troops  should  march  out  with  the  honours  of  war; 
that  after  the  articles  of  capitulation  were  drawn  up.  Col! 
McDonald  asked  witness  to  sign  them,  which  he  declined 
to  do,  as  it  would  have  had  the  appearance  of  his  having 
given  his  approbation  to  the  measure,  or  of  his  having 
some  agency  in  it;  that  Col.  M'Donald  replied,  that  it 
could  not  be  so,  as  it  was  only  a  matter  of  form,  and  that 
witness,  upon  reflection,  thinking  so  too,  did  sign  them, 
then  retired  to  his  bed  and  knew  nothing  more. 

Witness  said  that  be  never 'saw  a  letter  dated  the  l/th 
August,  signed  by  General  Hull,  to  the  ofiicer  commanding 
at  the  Rapids,  directing  him  to  surrender  to  the  British ; 
that  it  never  had  been  submitted  to  Km^  nor  did  he  ever 
see  it  till  then. 


(    no  4 

Witness  did  not  think  that  General  Hull  appeared  much 
agitated  on  the  15th;  but  that  on  the  16th,  he  did  appear 
so.  He  [the  General)  was  in  the  fort  on  the  morning  of* 
the  surrender,  sometimes  leaning,  sometimes  sitting,  and  at 
others  standing ;  witness  cannot  say  whether  the  agitation 
proceeded  from  personal  alarm,  or  from  a  consideration  of 
the  heavy  responsibility  in  which  he  was  involved :  and  he 
dpes  not  know  whether  at  che  time  he  formed  any  decided 
opinion  on  the  subject.  Witness  says  that  General  Hull 
after  the  surrender  said  to  witness,  that  the  enemy  might 
perhaps  take  some  advantage  of  that  part  of  his  proclama^ 
tion  which  said  that  **  no  man  taken  in  arms  by  the  side  of 
an  Indian,  should  be  taken  prisoner." 


Examined  by  the  Court,  , 

Q.  What  was  your  opinion,  while  in  Canada,  as  to  the 
propriety  of  making  an  attack  upon  Maiden,  either  soon  af- 
ter the  army  arrived  in  Canada,  or  afterwards  ? — Were 
you  or  were  you  not,  satisfied,  from  the  best  information 
you  had  received,  that  an  attack  on  Maiden  would  be  at- 
tended with  success  ? 

A.  I  was  always  fully  of  opinion  that  we  ought  to  have 
made  an  attack  on  Maiden  within  a  few  days  after  we  ar- 
rived in  Canad?.  I  never  had  any  doubt  of  the  success  of 
an  attack  at  any  time. 

Here  an  objection  was  made  by  the  prisoner  to  the  wit- 
ness's opinion  being  asked;  which  the  court  agreed  to 
consider.  The  question  was  then  modified  so  as  to  read 
as  follows : 

Ct.  Did  you  express  in  council  your  opinion,  while  in 
Canada,  as  to  the  propriety  of  making  an  attack  on  Mai- 
den, either  soon  after  the  army  arrived  in  Canada  or  af- 
terwards ?  and  what  was  that  opinion,  as  to  its  propriety 
and  probable  success  at  that  time  ? 

A.  At  the  council  which  was  called  to  decide  the  ques- 


(  111  ) 

tion  whether  we  should  attack  Maiden  immediately  pr 
wait  for  the  artilery,  I  supported  my  opinion  that  we  should 
not  wait  for  the  artillery,  and  suggested  to  General  Hull 
that  we  should  divide  the  army  equally  and  send  down 
one  half  in  boats,  or  by  a  back  road,  to  below  the  fort,  and 
with  the  other  half  approach  them  from  above,  that  the 
troops  might  make  an  united  atuck  j  and  I  told  the  gen- 
eral that  I  would  answer  for  my  men,  that  they  would  at- 
tack the  fort  and  not  fall  back  in  disorder.    The  general 
said  that  if  the  other  commandants  of  regiments  would  an- 
swer for  their  men  he  would  attack  the  fort.    They  said 
that  they  could  not  answer  solely  for  their  men,  but  had  no 
doubts  but  that  they  would  behave  well.    The  general  said 
he  had  no  doubts  as  to  the  regulars,  but  that  he  had  some 
as  to  the  militia,  who  were  inexperienced,  against  a  fort. 

Q.  What  was  the  strength  of  the  4th  regiment  fit  for 
duty  on  the  last  of  July  or  first  of  August,  including  the 
detachment  of  the  first— or,  from  the  latter  part  of  July  to 
the  Sd  or  4th  August  t 

A.  I   cannot  say  precisely—about  300,  principally  in  ^ 
good  health ;  the   adjutant  has  some  reports  by  him,  I 
believe. 

Q.  Were  the  men  of  the  4th  regiment  trained  to  the  ex- 
ercise of  the  great  guns  ?  and  what  was  their  force  on  the 
morning  of  the  surrender  ? 

A.  They  were  pretty  well  trained,  having  been  practised 
by  Captain  Truman  at  Fort  Independence;  there  were 
about  250  or  260  effective  for  duty. 

Q.  Was  it  suggested  in  any  council  that  a  position  near 
Maiden  would  facilitate  the  communication  to  the  river 
Raisin  ? 

A.  I  think  I  suggested  it  several  times. 

Q.  Was  there  any  general  order  given  for  posting  th^ 
troops  in  different  situations  for  the  defence  of  the  fort  and 
town  of  Detroit,  on  br  before  the  1 6th  August,  1 812  ? 


^  (     "3     X 

A.  I  do  not  recollect  any  written  order ;  ther&  was  an 
arrangement  made  the  evening  before.  Col.  Brush  was  to 
defend  the  upper  part  of  the  town  vith  his  men.  Col. 
Findley  was  to  form  rather  northerly  of  the  fort.  The  4th 
regiment  was  to  be  stationed  in  the  fort,  and  the  residue 
at  the  batteries.  This  arrangement  was  made  by  General 
Hull.  .    • 

Q.  You  stated  that  Maiden  was  to  be  attacked  without 
waiting  for  cannon,  as  proposed  by  you  in  council,  and 
that  you  gave  a  plan  of  attack ;  were  not  both  these  opin* 
ions  overruled  by  a  majority  in  the  council  ? 

A.  Yes :  it  was  so  proposed  in  council.  My  plan  was 
not  submitted  to  the  council :  the  only  question  was,  should 
Maiden  be  attacked  without  waiting  for  cannon  or  other* 
wise. 

Adjourned  to  the  next  day. 


9. 


-^     f       ^2d  Day*    Saturday^  12th  February,  1814. 

The  Court  met  pursuant  to  adjournment,  all  the  members 

present. 

Colonel  Miller  cross-examined  by  General  HuU. 
Q.  Was  I  not  active  in  forwarding  the  march  of  tlie  ar- 
my? 

* 

A.  It  is  my  opinion  that  General  Hull  hurried  the  troops 
in  their  march,  after  he  joined,  as  much  as  prudence  woi;dd 
dictate. 

Q  Were  not  my  personal  exertions  actively  engaged  ? 

A.  I  observed  your  personal  exertions  in  the  march  from 
Urbana. 

Q.  Did  I  not,  during  the  march,  pay  as  much  attention 
to  the  discipline  and  to  the  reviewing  of  the  troops  as  their 
situation  would  admit,  from  their  labour  and  fatigue  in 
opening  the  countxy  ? 


111^ 


(  m  ) 

k.  At  Urbant  tlie  tiroopt  were  driI!Mi  part  of  an  afterf 
hoon :  from  thence  to  Dettoit  there  waa  no  opportunity 

.  %*P*^^"S  ***««•    ''he  fiktigue  df  cutting  the  road» 
with Om  narch^  waa  aa much  aa  they  could endirti 

Q*  Do  you  ttot  recollect  the  troopa  being  called  out  fo^ 
*iU  and  review  at  lfrt»ana,  but  being  prevented  byi  storm* 

A.  Idonoc^ecollectk 

Q.  Waa  there  not  att  order  o^  matxh  generally  known 
.lotheakuy. 

A.  Theorde*-  djpmarrr.  c  .Wbited  Was  that  Ui^d^ratood  by 
tae.  I  do  not  iccoliect  whether  it  was  to  be  followed  by 
written  otdet  ot  nou  the  troopa  generally  marched  ac* 
wording  ♦       it  order  ot  march. 

Qk  Waa  not  your  regiment  to  Ifbrm  in  front  in  caae  of  aa 

A.  that  Waa  My  intefttion>  but  I  do  not  know  how  the 
other  regimentt  Were  to  form. 

Q^  Was  not  the  column  to  form  by  facing  outwards,  la 
«ue  of  an  attack  upon  the  right  flank  i 

A.  that  was  generally  understood,  but  I  do  not  recollect 
any  order  either  verbal  Orwritten.  General  Hull  converlec^ 
with  me  frequently  on  the  subject ;  and  I  think  it  was  com- 
municated to  the  other  officera  also  by  conversation 

Q.  Was  not  this  order  of  mafch  similar  to  the  one  adopt- 
«d  by  General  Wayne  in  passing  through  that  country  f 

A.  It  was,  I  believe,  as  General  Hull  told  me  it  waa 
his  intention  to  adopt  the  same  ordor.  I  believe  this  waa 
similark 

%  Did  you  ttot  perceive  me  almost  consuntly  in  a  situ- 
ation that  I  cottld,  in  case  of  an  attack,  make  a  disposiUon 
of  th^  array  t 

A.  Dunng  the  greater  part  of  the  rtiarch  General  HuB 
««de  aeai-  me— ^I  waa  in  front-*he  sometimes  paaa ed  to  the 


% 


w 


• 


'(    U4    )■  ^  ■ 

m   Q.  Waa  not  the  paper  (yxhibited)  the  plan  of  ejicamp- 
meut  for  the  anny  ? 

A.  We  usually  encamped  in  the  form  of  a  holtew  wuar^ 
facin^f  outward*— the^fires  fifty  yards  wiihoat  the  ^,of 
the  squarei.     ., 

Q.  Had  we  not  generally  a  breastwctrk  of  logs  with^iyt 
the  lines  of  the  square  ? 

A.  After  we  had  advanced  so  far  as  bjhti  apprshenuv^e 
of  anatt-ick,  breastworks  wer^  C-oerally  made  at  such  a 
distance  as  to  leave  room  for  wheeling  a  platoon,  20  or  SO 
feet  in  front  of  tlie  line  of  t«;nts.  ., 

Q.  In  case  of  alarm  was  not  the  post  A^  each  r«ginient 
designated  by  orders,  so  as  that  each  should  form  in  order 
of  battle  in  froat  of  its  huts? 

A.  Yes,  it  was  generally  understood.  I  believe  there 
was  a  verbal  order  from  General-Hull  to  that  effecti      . 

Ci.  Was  there  not  a  signal  by  tap  of  drum  given  by  my 
order  and  at  my  quarters,  every  morning  before  day,  which 
signified  that  the  troops  were  to  turn  out  and  form  ? 

A.  This  was  the  general  understanding,  and  acted  upon 
idE»brdingly. 

Q.  Did  I  not  use  exertion  and  industry  at  Detroit  M> 
prepare  the  heavy  an''. light  field  artillery? 

A.  I  discovered  no  want  of  exertion  in  that  respect. 

a.  After  your  battle  at  Maguaga,  ^vhat  reinforcement 
did  you  want,  or  Suggest  that  you  wanted  ? 

A.  I  think  I  suggested  150  or  209  men,  if  they  could 
be  conveniently  spared. 

Q.  Were  there  no  provisions  to  be  had  near  the  place 
where  the  battle  was  fought  ? 

A.  We  found  a  number  of  Indians'  hogs,  green  com 
and  potatoes.  I  know  of  no  settlements  nearer  than  the 
River  Ecorces,  or  that  of  Detroit:  nor  of  any  flour  or 
bread-stuffs. 


■^Pp 


m 


(  J«  ) 

%  Were  not  the  ^jBO  men  you  hud  with  you  the  whole, 
orncarly  the  whole,  of  the  effective  men  of  the  4th  regx- 

A.  ritftd  almost  the  whole  effective  force,  except  trhat 
wasleft  with  Captain  Gook  in  detachment  under  Major 
Dwflftic,  OB  the  other  side  of  the  river,  in  Canada ;  I  do 
not  recollect  the  number.  When  I  speak  of  the  4th  Regi- 
meni,  1  aiieaii  to  include  Stansberry's  and  M*Cabe'p  detach- 
menlK. 

Q.  Were  there  any  Bntish  troops  in  the  fort,  before  you 
had  signed  the  capitulation  at  the  tent  ? 

lAi.' Not  to  niy  knowledge.  'f  /v 

Q.  Did  you  see  any  conduct  of  mine  on  the  morning  of 
the  16th  which  the  fatigue  I  had  undergone,  and  the  re- 
sponsibility which  was  ufon  me,  might  not  have  produced  ^ 

A*  I  dont  knowthat  1  did. 

Q.  C^  you  mention  any  act  of  mine  on  the  16th  which 
you  did  at  the  time,  or  do  now,  impute  to  cowardice  or 
pergonal  fear,  and  if  so,  what? 

«Ai  Yes !  such  an  immediate  surrender  I  think  was  indi 
cative  of  a  want  of  courage.  ,■      ^  , 

Q.  Did  you  see  me  while  I  was  in  the  fovt  in  any  place 
or  situation  unfit  for  a  commanding  officer  ? 

A.  The  general  was  towards  the  easterly  part  of  the  fort 
-I  was  there  myself— he  sat  down  a  considerable  part  of 
the  time  near  the  parapet—this  was  during  the  cannonade. 
I  fronsidered  it  a  safer  part  of  the  fort. 

Q.  Was  not  my  situation  near  the  gate  the  most  con- 

venient  for  receiving  communications  from  without  the 
fort? 

A.  It  was. 

Q.  DidCclonels  M« Arthur  and  Cass  object  to  your 
plan  of  attack  dn  Maiden,  proposed  in  council  i 
A.  I  do  not  recollect. 
Q.  Were  you,  in  council,  in  favour  of  any  otJier  mcdc 

01  attack  nn  Mai  Jon  *Kn~  .U-<. 

„,_„^j.  sjjssss  iiiai  yvn  propossd  r 


1 

1 

K 

m 

« 


(  m  ) 

A.  I  voted  b  council  for  an  immediate  auacl.  Aftfer 
having  so  voted,  I  proposed  to  the  general  my  views  of 
attack.  I  did  not  suppose  Genera!  Hull  to  be  bound  hy 
ny  opinion. 

Q.  Do  you  reoolleet  my  writticn  orden  sent  to  ywi  at 
Brownstown  by  C^kilonel  M*Arthur ;  and  that  when  Col«i» 
nel  M'Arthur  went  with  100  men,  I  would  not  divest  you 
of  the  command,  but  suid  that  if  Colonel  M»Arthur  went 
with  you  he  must  go  as  a  volunteer ;  otheiwise  that  he 
must  return? 

A.  I  recollect  something  of  that  kind. 

Q.  Do  you  not  recollect  stating  to  me  that  you  would 
not  consent  to  be  commanded  by  Colonels  Findley,  CaSs, 
or  M 'Arthur,  after  I  had  received  letters  from  the  Secre- 
taryatWar? 

A.  That  I  could  not,  anu  Would  not:  as  I  considered 
that  the  Secretary  at  War  had  decided  the  quiestioA  in  toy 
^vour. 

Q.  Did  I  not>  state  to  you  that  Crfionels  M* Arthur, 
Findley  and  Cass  had  commissions  as  full  colonels,  and 
that  your  commission  was  only  that  of  lieutenant.colonel  ? 

A.  You  did. 

Q.  Please  to  state  what  you  know  of  the  mutiny  at  Ur- 
bana  i 

A.  When  the  troops  were  to  march  from  Urtnua,  I  was 
requested  by  an  express  to  send  a  company  of  the  4th  Re- 
giment to  compel  some  men  of  the  Ohio  volunteers  to 
march.  They  had  laid  down  their  arms  and  refused  to 
march. 

Q.  Do  you  recollect  my  sending  for  you  about  the  rth  ' 
August,  in  the  evening,  when  about  leavbg  Sandwich,  and 
9ientioning  my  intention  of  concentrating  the  fcMrces  at  Ih- 
troit ;  and  also  my  intention  to  send  you  to  open  the  com* 
wunication  with  River  Riusin,  where  the  provisions  wtw  ? 


(  iir  ) 

A.  I  recollect  your  sending  for  me  and  proposing  th« 
force  I  was  to  comknand. 

q.  no  yoanot  recollect  my  she^iiig  yoa  aotne  letteM 
from  Generab  Hall  and  Porter  on  the  Niagara  frontier, 
stating  that  General  Brock  waa  advancing  with  a  consider- 
able force }  and  thdt  it  was  a  reaion  I  assigned  for  re-cross- 
iag-f  ,-'^..:h  -. 

A.  I  think  that  you  shewed  mc  at  that  ttae  letter  frtrtn 
Geneial  Porter  and  from  some  other  general,  perhaps  Ge- 
neral Hall,  and  either  stated  the  contents  or  read  thtia ; 
that  this  was  about  the  timie  the  main  body  re-crosted ;  and 
diat  General  Hull  stated  this  as  a  reason  for  n-^etoaimgi 

Q.  Do  you  recollect  at  what  time  General  M* Arthur 
left  you  ? 

A*  General  M»  Arthur  left  me,  I  think,  on  the  aftenk)on 
of  the  10th  August.    The  men  were  very  much  fatigued. 

Q*  Was  there  not  a  severe  storm  at  nan  on  the  gth,  af- 
ter the  action ;  and  were  not  your  men  much  exposed  to  it  ? 

A.  TIfe  men  were  very  much  so,  and  fatigued.  1  had  a 
relapse  of  the  ague  the  day  after  the  batde. 

Q.  Were  you  and  your  men  in  a  situatiotf  to  have  pro- 
ceeded ? 

A.  Neither  myself  nor  men  were  in  aa  gbod  a  situatiott 
as  we  had  been  in ;  but  we  were  able  to  proceed,  and 
ahould  have  proceeded,  if  we  had  not  been  ordered  back. 

Q.  State  at  what  time  you  received  the  order  to  return, 
and  why  you  did  not  proceed  on  the  1 1th  ? 

A.  Because  I  had  no  provisions.  I  havte  stated  when  I 
received  the  order. 

Q.  Did  you  not  draw  provisions  at  Detroit  ? 

A.  We  took  two  days*  provisions,  which  served  for  the 
9th  and  10th. 


Re-examined  by  the  Court. 
<^.  When  General  Hull  informed  you  of  his  iatettdon 


(     118     ) 

to  concentrate  his  force  at  Detroit,  as  you  have  mentioned, 

Adhe  merely  state  his  intention,  or  did  he  ask  your  opinion 

1,^  the  measure ;  and  if  he  asked  your  opinion,  what  was 

A.  We  conversedfreely  on  the  subject  some  days  before 
the  army  moved,  and  I  believe  he  asked  my  opinion.  It 
was,  not  to  re-cross ;  but,  if  he  did,  to  leave  one-half  of  the 
army  on  the  Canada  side. 

Q.  At  what  time  did  you  leave  the  fort  to  go  to  the  tent  ^ 
at  what  time  did  you  return;  and  when  did  you  see  the 
British  troops  in  possession  of  the  fort  ? 

A.  I  went  out  of  the  fort  between  10  and  11  o'clock  ; 
returned  in  about  three-quarters  of  an  hour ;  and  saw  about 
100  British  troops  near  the  gate  on  the  outside. 

Q.  When  General  Hull  ordered  you  to  the  tent  to  as- 
sist in  drawing  up  the  articles  of  Capitulation,  did  he  give 
you  any  directions  to  stipulate  for  the  protection  of  such 
Canadians  as  had  availed  themselves  of  his  proclamation  ? 
A.  I  do  not  know  that  he  did.  r 

Q.  Did  any  essential  injury  result  to  the  service  from 
ihe  rank  of  the  field  officers  not  being  settled;  and  did  they 
iiot  act  at  all  times  together  when  required  so  to  do  ?  If 
liot,  state  the  cases. 

A.  I  do  not  recollect  any  movements  being  made  when 
it  was  an  impediment.  General  Cass  and  I  went  together 
inost :  sometimes  he  commanded ;  at  others  I  did.  I  was 
on  good  terms  with  all  the  colonels.  I  thought  I  ought  to 
yank  above  them. 

Q.  When  you  returned  to  the  fort  from  the  tent,  had  the 
American  troops  stacked  or  thrown  down  their  arms  :  and 
kas  the  fort  at  this  time  so  crouded  as  not  to  admit  of  their 
feting  with  effect  ? 

A.  I  think  they  had  stacked  their  arnis ;  and  the  fort 
^as  so  crouded  that  they  could  not  aU  have  acted  togethw 
with  effect. 


(     S19    ) 

'-,%  ^?  *4^  -  Be-exnmined  by  General  HuU. 

Q.  Do  you  recollect  that  when  I  left  you  at  the  tent  with 
the  British  officers,  I  told  you  rwas  wUling  to  make  tfce 
surrender  the  basis  of  a  treaty,  and  that  you  must  get  the 
best  terms  you  could  ?  ^^  / 

A.  I  think  you  did. 

Q.  Did  I  not  state  to  you  as  a  reason  for  sending  a  flag, 
that  L  wished,  in  obtaining  a  cessation  of  hostilities,  togain 
S?*"  °^^««-«g  from  Colonels  M«Arthur  and 

A.  I  think  you  had  a  conversation  with  me  on  that  sub-' 
jcct  when  the  flag  went  out,  and  before  we  had  any  an- 
swer from  the  enemy.  «*/  -n 

Captain  James  Dafliby  was  again  called  to  be  ex- 
ammed  by  the  Court,  when  General  Hull  made  the  foUow- 
mg  objectipta— 

*'  I  object  to  the  examination  of  any  witness  after  his 
testimony  h^  been  closed,  and  after  he  has  been  permit- 
ted  to  hear  the  examination  of  other  witnesses." 

J.rTrfvJ^"'^'^^^'^'''^  cleared.-.The  Court 
after  due  deliberation  overruled  the  objection.  The  Court 
being  opened.  Captain  Dattiby  was  examined. 

r.1  H„ti'7r.*'  '"T  ^'^  ^"^  ''''^'  directions  from  Gene- 
«1  Hull  (after  the  army  arrived  at  Detroit)  to  make  pre- 
parations for  fixing  ammunition,  makiof  or  repairing  the 
gun  carriages,  and,  generally,  any  preparation  either  for  at! 
tacking  the  enemy  or  for  the  defence  of  Detroit  > 

A.  As  I  have  before  stated,  no  alterations  of  great  con- 
sequence  were  made  at  Detroit  for  its  defence  after  theTh 
July.  On  the  6th  July  some  artificers  who  came  fi^^ 
Ohio  went  to  work  to  mount  some  heavy  cannon  on  trucks 
for  the  batteries  on  the  banks  of  Detroit;  and  some  rep^rs 
Vrere^made  to  the  gun  carriages  for  the  three  brass  six 
pounders;  and  a  small  quantity  of  ammunition  was  fixed  ; 
but  no  order  was  issued,  to  my  knowledge,  to  p«pire  the 


f 


(  1»  ) 


fteavy  ordnance  until  tome  time  aftevtht  army  went  into 
Canada.  I  have  npt  tke  order,  but  I  think  it  waa  dated 
the  Uth  or  16tli  July.  * 

(The  Court  adj»\$med  until  Maipdatf,  31«(  fWfJI 


pSdfhy,    Mfon^atf^  ^Ut  February^  1814. 

The  Court  met,  pursuant  to  adjouitiinent  j  hiif  Oei^eral 
Dearborn  and  Colonels  Fenwick'and  Bogardus  being  ab^ 
sent,  (the  two  former  through  indisposition)  the  Coxskf 
thought  proper  to  adjourn  until  Wednesday  morning;,  aV 
half-past  10  o*clofCfk« 

aAthDay.    Wednesday^  ^Zd  Feb.  t%\4i* 

Hie  Co^rt  met  pursui^t  to  adjournment,  when,  aU  the 
members  being  present,  excepting  Colonel  Bogardna,  the 
Court  waf  cleared  fo^  the  punx»e  of  discussing  pome  ques- 
tions relative  to  Uie  absence  q£  that  officer ;  and  wm  af* 
terwards  adjourned  dU  Mimday  tl^e  38th  inst*  at  half-jiast 
10  o'clock. 

iSth  Z%.    Mondayt  SSIA  Feb,  1814.    / 

The  Court  met  pwfuant  ^  adjournment,  when  ^  tha 
meml^rs  were  preaent*  e^capting  Colonel  fiogardua:  in 
consequence  of  whose  nonraittendanca  the  C^ourt  adjour^ 
Unti^  tO'-morrpw  at  11  9?9lock<> 

fltthDayk    Tueadayy  Ut  Marchy  \B\^ 

The  Court  met  pursuant  to  adjoumment»  Cobnel  Bo« 
gardus,  oneof  Ae  members,  being  still  absent--General 
HuU,  jkfter  consenting  to  the  Covwrt^  proceeding  without 


> 


Y- 


t  ist  } 


Colonel  Boprfu,,  „d  tfiie  i.  .hoftld  h«  „  Bberty  to  take 
.«h  further  order  «l.„igh..hi.k  proper,  entZd  a^a 

Zi««.r«Mr  7,m,A  iocM,  „/  the  4th  Regimen,  V.  J. 

Infantty,  sworn.- 
iieatenani  Bicon  .afd  that  he  was  Quartermaster  of  the 
^  Hegimer^^  and  joined  it  at  Urbana  on  the  9th  J„„I_ 
Aat,  after  the  march  commenced,  he  had  charge  of  L 
ammun,t,o„of  the  whole  army-that,  so  far  a.  M,  „« 
nence     aWed  him  to  judge,  the  march  was  conductedTn 
Ae  same  manner  as  the  march  on  the  Wabash  expedition 
w«  conducted,  «cep.  that  when  encamped  thiy  wete  C 
ffied  by  felling  trees  in  the  form  of  a  brcaaUTin  I 
aquare,  accordinj  to  the  state  of  the  ground-^,  in  Zl 
or  three  day.  after  the  march  had  commenced,  ord^r^  JTre 
8.«n  that  no  fire,  should  be  made  after  sundown.hhS 
the  hues,  but  at  a  certain  distance  in  front-that  cZ 
Mansfield  had  at  first  charge  of  the  ammuni.iot  bu^r 
that  charge  was  delivered  to  witness  after  two  or  th„e 
day,  m«-ch-that,  as  soon,,  witne,,  saw  the  cartrid-' 
lie  thought  them  unSt  for  service,  as  the  string  wa^S 
over  the  .well  of  d,e  baUs,  ,„  that  they  could  n«  C  p^ 
v«,,ed  from  falling  out  in  seven  instance,  out  of  eigh"^ 
that  at  Solomon's  Town,- General  HuU  directed  bettef  car- 
njdge.  to  be  prepared,  in  which  service  men  were  employ, 
ed  daily,  as  opportunity  served-that,  when  the  first  batm- 
ton  of  the  4th  Regiment  was  ordered  to  cross  the  river 
witness  was  encamped  with  them  on  the  esplanade   anS 
heard  General  HuU  give  frequent  orders,  after  Z  "army 
h,d  crossed  into  Canada,  to  Captain  Thorpe  who  had 
charge  of  the  artificer,,-  that  Colonel  Miller  had  chargeof 
th«  4eh  Regiment  at  the  same  time  ;  that  20  men  were  de- 
tailed at  Detroit  for  several  day,  previous  to  the  ca„i,„.,. 

«  .J,  ■  •     ^' — "'^ 


'!^^ 


(  12a  ); 

tlfltoto  make  cartridges  for  the  infutry  at  large ;  that  Cap- 
tain DalUby  had  no  charge  of  the  musket  cartridge's  .1:  ihia 
tUne^  that  the  witness  has  any  knowledge  of— he  diu  not 
interfere  With  the  witness :  that  he  does^not  recollect  the 
quantity  of  cartridges  made,  but  thinks  about  106,000,  and 
all  under  the  direction  of>the  witness,  exclusive  of  those 
brought  from  Urbana  and  those  at  Detroit  when  the  array 
arrived  there ;  that  he  does  not  recollect  whether  the  men 
had  worms  to  draw  their  cartridges  or  not,  but  many  were 
drawn ;  that  they  were  fired  off  by  the  Ohio  volunteers  on 
their  return  from  guard  or  detachment,  as  many  were 
issued,  almost  as  fast  as  they  were  made,  on  some  days; 
that  witness  reported  this  fact  to  General  Hull ;  that  many 
of  the  covers  of  the  cartouch  boxes  were  insufficient  to  pro- 
tect the  cartridges  from  the  weather,  and  many  were  con- 
sequently damaged  by  it ;  that  witness  was  employed  some- 
time on  the  15th  and  16th  during  the  cannonade,  in  issuing 
fixed  ammunition,  in  the  place  of  Captain  Dalliby,  and  de- 
livered some  241b.  cartridges  several  times  f  that  on  the 
morning  of  the  16th,  before  day,  witness  informed  Gene- 
ral Hull  that  the  241b.  cartridges  were  nearly  expended ; 
that  Mr.  M'Comb  and  witness  examined  with  a  dark  Ian- 
tern,  and  could  find  no  more  packed  in  the  same  kind  of 
boxes;  that  there  was  much  confusion  ;  that  General  Hull 
gave  witness  directions  to  go  to  Captain  Dyson  and  tell 
him  not  to  fire  the  24lb.  cartridges,  unless  he  was  pretty 
sure  of  their  taking  effect  and  annoying  the  enemy's  batte- 
ries, as  those  cartridges  were  nearly  expended. 

(Here  Col.  James  Miller  was  again  called  and  examined 
by  Gen.  Hull.) 

Q»  Did  not  Colonel  Brush  come  up  to  the  fort  on  the 
morning  of  the  16th,  about  the  time  I  was  informed  that 
Knagg's  men  had  joined  the  enemy;  and  what  did  he  say 
about  the  militia  he  commanded  ? 

A.  After  the  fla^ad  been  sent  out^  and  before  any  aa- 


mt 


(•123    ) 


swer  had  been  returned  toit,  I  recollect  thatColortel  BrMh 
came  to  the  fort  and  mentioned,  or  rather  exclaimed,  ihm 
by  G—d,  he  believed  his  ipen  would  have  run  away  to  a 

man.  .f  :/,  *;  ... 

Q.  Do  you  recollect  at  any  time  daring  the  campai^, 
and  before  the  15th  and;16th,  any  particular  habit  I  had' 
of  chewing  tobacco  ?  -' 

A.  I  had  very  frequently  seen  it,  and  obsenred  that  you 
had  a  habit,  when  apparently  engaged,  of  having  tobacco 
in  front  ol  your  mouth,  and  turning  it  about  with  youp' 
fingers;  alternately  exchanging  the  quid  from  the  fingers 
to  the  mouth.  , 

Q.  Did  you  not  observe  this  on  the  15th  and  listh  ? 
A.  I  did  on  the  16th;  I  do  not  recollect  particularly  on 
the  15th. 

Q.  Did  there  appear  to  be  any  more  of  this  habit  t>n^e 
16th  than  you  usually  observed  ? 

A.  There  was,  but  it  might  have  been  owing  to  want  of 
rest  and  to  fatigue.. 

C.The  Court  adjourned  until  to-morrow  at  half-past  10 
o^clock.,  A.  M.J 


m 


27th  Day,     Wednesday^  2d  March,  1814. 

T/fe  Court  met  pursuant  to  adjournment^   all  the  members 
being  present  excepting  Colonel  Bogardus, 
Lieutenant  Bacon's  examination  was  continued.  / 
He  stated,  that  he  frequently  tpok  powder  from  the  ma- 
gazine to  fill  cartridges,  and  that,  three  or  four  days  before 
the  surrender,  he  was  directed  by  General  Hull  to  accom- 
pany Captain  Dyson  and  ascertain  what  quantity  of  pow- 
der there  was  in  the  magazine ;  w|)|ph  he  did,  and  they 


■ft 


■%■ 


(    la*  ) 

to  the  general*  He  cannot  say  what  quantity  of  musket 
IMUrtridges  there  was,  as  Captains  Dyson,  Whistler  and 
himself  isaued  them.  Witness  saw  General  Hull  on  the 
15th  and  t6th  August— -there  were  some  planks  and  boarda 
lying  between  the  guard  house  and  the  gate  of  the  fort,  but 
witness  cannot  say  whether  any  of  them  formed  a  seat  or 
not ;  he  thinks  he  sAw  General  Hull  sitting  on  them,  to- 
gether with  some  officers,  Doctor  Cunningham  and  his  lady, 
on  the  morning  of  the  16th,  during  the  cannonade.  Wit- 
ness saw  General  Hull  once  on  the  15th  on  the  parapet,  and 
once  on  the  16th}  he  saw  him  also  in  different  parts  of  the 
fort  during  the  cannonade.  General  Hull  appeared  engaged 
as  usual,  and  agitated  more  than  usual,  on  the  morning  of 
the  16th,  but  witness  does  not  Vnow  the  cause—he  had  no 
8U$picion  that  it  proceeded  from  personal  fear ;  neither  did 
llQ^he&r  any  officers  at  the  time  express  an  opinion  that  it 
did.  Witness  says  that,  after  the  shot  From  the  enemy 
did  any  execution,  most  of  the  officers  were  on  the  side 
next  the  enemy's  battery— they  had  nothing  to  do  elsewhere. 
Witness  said  that,  as  to  the  subordination  and  discipline  of 
the  Ohio  militia,  they  were  militia  without  either— some 
were  frequently  disorderly — and  that,  one  evening  at  Ur- 
bana  there  was  a  noise,  when  he  (witness)  ran  out  to  en- 
quire the  cause,  and  saw  some  men  of  his  regiment,  who 
said  it  was  only  some  of  the  Ohio  militia  riding  one  of  their 
officers  on  a  rail. 

Lieutenant  Bacon  was  cross-examined  by  the  Judge  Ad- 
vocate, and  stated,  that  the  Ohio  militia  had  been  just  call- 
ed into  the  field,  and  were  as  'well  disciplined  as  militia 
generally  are  ;  that  he  never  was  in  any  engagement  with 
them  during  the  campaign  ;  that  he  does  not  recollect  see- 
ing more  than  30  or  40  of  them,  who  at  one  time,  refused 
to  cross  into  Canada  with  the  army  ;  and  that  he  thinks  he 
MW  at  another  time  100 ;  that,  when  the  troops  left  Ur« 
baoai  Captain  HuU^t^s  aid-de-camp,  informed  Colone! 


■^ 


MiUer  that  there  wit  another  mutiny  aaiDng  the  Ohio  ml- 
htia ;  and  gave  him  an  order  from  General  iJuU  to  keep 
back  his  regiment  (the  4th)  to  suppress  it  ,•  that  the  gene- 
ral soon  after  rode  up  to  the  head  of  the  column  and  4i. 
rected  Colonel  Miller  to  march  in,  saying,  with  sbiile  em- 
phasis,  "  By  G— d,  Sb-^  eyour  regiment  is  a  powerful 
argument.  Without  it  I  could  not  march  these  vo- 
lunteers to  Detroit;"  that  Captain  Mansfield's,  Cap- 
tain Brown's  companies,  and  some  others,  were  under 
better  discipline  than  the  rest  ;  that  the  feeling  and 
disposition  of  the  men  were  generally  very  good  ;nhat  they 
seemed  to  be  a«tuated  by  an  enthusiasm  highly  creditable, 
and  what  witness  said  respecting  their  want  of  discipline 
and  subordination,  he  attributes  to  no  other  cause  ^Iniila 
want  of  experience.  Witness  in  answer  to  the  cro^uc- 
amination  then  stated,  that  the  cannonade  began  abS* 
o'clock  in  the"  afternoon ;  that  they  continued  to  throw 
shells  till  between  9  and  10  o'clock  at  night,  during  which 
time  witness  was  in  the  fort  and  saw  General  Hull  on  the 
parapet,  but  does  not  know  how  long  he  remained  there ; 
that  he  was  saying  something  about  the  field  pieces  that  were 
getting  up ;  that  this  was  after  the  firing  had  ceased;  that 
the  fire  of  the  enemy  was  principally  directed  at  the  bat- 
tery, which  was  upwards  of  200  yards  from  the  fort-^ne 
shell  came  into  the  fort ;  that  the  cannonading  re-commen- 
ced about  day-break  on  the  16th,  and  wounded  a  man; 
that  witness  saw  General  HuU  on  thfe  parapet,  lookbg  to' 
wards  the  enemy ;  and  thinks  there  was  firing  at  the  fort 
before  the  American  battery  ceased  firing. 

Cross-examined  by  the  Court. 
Witness  says  it  was  early  in  the  morning  that  General 
Hull  was  on  the  parapet,  and  before  the  shot  killed  Lieu> 
tenant  Hacoks;  that  General  Hull  ordered  him  (the  wit- 
ness) to  have  the  tap  of  the  drum  beaten  at  day-break,  t& 


#1 


-¥ 


(     126    ) 

turn  out  the  men  to  man  the  works,  which  was  done ;  that 
there  was  some  fixed  ammunition  for  the  cannon  in  the  fort 
beaides  what  was  reported,  but  he  cannot  say  how  much — 
it  was  under  charge  of  Lieutenant  Dalliby  j  that  the  men 
were  taken  off  from  makingcartridges,  to  march  to  Browns- 
town  under  Colonil  Miller. 

Q.  (By  Gen.  Hull.)  Was  I  not  during  the  cannonade  on 
the  15th  and  16th,  the  principal  part  of  the  time,  out  of  the 
fort,  at  the  batteries  and  with  the  troops  ? 
A,  I  cannoi'^say. 
Jft,.  (Bf  the  Court.)  At  the  time  you  saw  General  Hull 
at  the  parapet  of  the  fort,  did  you  observe  any  of  the  ene- 
my's shot  to  come  near  the  fort  i , 

I  think  not. 

e  General  Hull  wished  to  put  a  question,  relative  to 
l^l^or  Snelling^s  testimony  as  to  the  British  force  coming 
against  Detroit,  which,  after  some  discussion,  was  waved. 


^v^. 


General  Peter  J?.  Porter  sworn. 
General  Porter  stated  that,  about  the  last  lof  March  or 
beginning  of  April,  1813,  he  was  at  the  office  of  the  Secre- 
tary ni  War  with  General  Hull,  after  he  had  been  appoint- 
ed a  Brigadier-General,  and  about  the  time  he  was  to  march 
to  Detroit;  that  he  was  frequently  with  the  heads  of  de- 
partments, and  had  conversations  as  to  the  operations  of 
the  army,  in  case  war  should  be  declared,  which  was  in 
contemplation. 


General  Porter  was  then  examined  by  General  Hull. 

Q.  Do  you  recollect  whether  I  recommended  that  a 
navy  should  be  formed  on  the  lakes,  to  have  a  superiority 
over  the  British  in  case  of  war  ? 

A.  I  do. 

Q.  Did  I  state  what  that  force  should  be,  under  those 
circumstances,  and  what  number  of  men  it  should  consist 
of? 


%iiip« 


(     127     ) 


^* 


A.  I  recollect  being  at  th«  war  office,  but  not  precisely 
the  force  proposed.  The  British  force  was  stated. — I  think 
the  naval  force  which  General  Hull  said  should  tie 
constructed  was  a  sloop  of  war  of  tvrenty  guns,  and  tluit 
the  brig  Adams,  a  merchant  vessel,  which  was  then  on  the 
ways  for  repairs,  should  be  taken  into  the  servile — the 
Secretary  of  the  Navy  proposed  writing  to  Captain  Stew- 
art at  Philadelphia  to  repair  to  Washington  to  concert  mea- 
sures. 

Q.  Was  not  a  navy-agent  appointed  at  that  time  for  Lake 
Erie  ? 

A.  There  was — I  was  twice  at  the  President's  with  Gen. 
Hull,  when  the  subject  of  a  navy  was  talked  over :  at  first 
it  was  agreed  to  have  one,  but  afterwards  it  was  agreed  to 
abandon  it,  doubtless  as  inexpedient :  the  brig  AdaB||4rlMi 
transferred  by  the  Secretary  at  War  to  the  Secretaiwf  th» 
Navy.  ^   •,    ^''*"^^,. 

Q.  Did  I  not  go  twice  with  you  to  the  President's,  to 
urge  the  expediency  of  a  naval  force  on  Lake  Erie,  in  case 
of  war? 

A.  I, understood  so. 

Q.  Did  I  not  state  to  the  Secretary  at  War  that  3000  men 
would  be  necessary  ? 

A.  General  Hull  talked  of  provisions  and  the  mode  of 
supplying  them,  and  then  proposed  3000  men ;  the  Secre- 
tary replied  that  there  would  not  be  so  many ;  perhaps 
2000. 

Q.  Please  to  mention  what  was  said  and  done  with 
regard  to  provisions. 

A.  I  wished  my  brother,  the  contractor,  to  have  some 
official  notice  of  the  necessary  supplies  for  the  army,  that 
they  might  be  prepared;  and  requested  the  Secretary  to 
transmit  some  written  requisition  to  that  effect ;  this  the 
Secretary  declined,  saying  he  would  not.  Upon  this  I;iva» 
somewhat  surprised  and  vexed,  and  retired,  detcrmiiring 


( 


128 


) 


to  write  to  my  brother,  which  I  did.  I  left  Washington 
on  my  way  home,  and  at  New-York  heard  from  my  broth- 
er,  and  wrote  to  the  Secretary  at  War,  who,  in  consequence 
ot  my  expostulatingwithhim,  sent  on  a  written  requisition. 
In  consequence  of  adverse  winds  the  principal  part  of  the 
provisions  did  not  reach  Detroit  until  after  the  war  was  de- 
clared. 


!l 


ii 


Captain  Thomaon  Maxwell  sworn* 
This  witness  stated  that  he  joined  the  North- Western 
army  as  a  guide  and  conductor  of  spies,  at  Stanton  on  the 
Miami ;  that  he  is  well  acquainred  with  the  country  from 
thence  towards  Detroit,  about  150  miles  of  which  route  is 
a  complete  wilderness;  there  never  had  been  a   road   cut 
through  it— it  was  a  swamp.     He  said,  «*  I  served  five 
year*  in  the  French  war  as  a  private,  some  years  as  a  non- 
commissioned  officer  ,•  six  years  as  an  ensign  and  lieutenant 
in  the  Revolutionary  war,  and  afterwards  under  General 
Wilkinson  J  and  have  been  in  23  battles  in  the  three  wars. 
I  saw- General  Hull  on  the  I5th  August,  and  after  the  can- 
nonade  commenced  from  our  battery  at  Detroit :  not  hav- 
mg  any  thing  to  do,  I  went  to  the  battery  commanded  by 
Captain  Anderson,  to  see  what  effect  our  balls  had  upon 
the  enemy.     I  saw  IGeneral  Hull  riding  on  horseback,  and 
cast  my  eye  upon  his  countenance ;  his  voice  appeared  cool 
and  coUected  ;  I  saw  him  ride  off.  This  was  towards  even^ 
ing,  when  the  batteries  were  opened  on  both  sides.     I  saw 
nothing  like  agitation.     My  reason  for  looking  particularly " 
at  the  general's  countenance  was,  because  there  was  k  cla- 
mour that  he  was  intimidated."—"  General  Hull  conducted 
the  army  from  Urbana  with  as  much  regularity  and  caution 
as  I  have  ever  seen  practised."—"   I    have  lived   thirteen 
years  m  Ohio,  and  have  been  engaged  every  year  in  droving 
cattle  and  hogs  from  thence  to  Detroit  market;  from  looo 
t»  UOO  hogs  annually,  from  150  to  eoolba.  weight  each 


(     1^9    ) 

(cmarough.:alculation;)  and  from  150  to  aw  hea4  of 
cattae-they  were  generally  driventhrough  the  wood,  with- 
out any  road."-."  I  am  at  present  72  years  of  age,  and  am 
a  forage-mastcr  in  General  Wilkinson's  army." 

The  foUowmg  documents  were  then  read:       '     , 

1.  Interrogatories  to,  and  answers  from.  Dr.  Eustace 
late  Secretary  at  War.  ' 

2.  Letter  from  Gen.    Hull,  from  Detroit,  dated  9th 
August,  1812.  ^ 

1812    ^^^'^'"^  do.to  Gov.  Meigs,  dated  Uth  July, 
18ii.  ^'*'*' •  ^'°"  ^^'^  *^  ^°^'  W«"»»  dated  11th  August, 

5.  Letter  from  do.  to  Gov.  Meigs,  dated  11th  August. 
1812.  **      * 

6.  Letter  to  Gapt.  Brush,  dated  6di  August,  1812. 

r.     Letter  to  Gen.  Hull,  from  Col.  Anderson,  commard- 
mg  the  mihtia  at  River  Raisin,  dated  4th  August,  1812 
received  the  12th  of  the  same  month. 

8.     Letter  from  Gen.  Hull,  to  the  Secretary  at  War 
<iated  8th  August,  1812.  » 

Captain  Maxwell,  again  called  by  Gen.  HuU, 
Said  that  he  saw  General  Hull  for  the  first  time  at  Tren- 
ton, on  the  26th  Dec.  1776,  and  at  Princeton  on  the  2d 
Jan.  1777 ;  believes  he  was  a  major-and  saw  him  agaia 
after  the  army  had  been  driven  from  Ticonderoga,  and 
while  at  Beemer-heights,  on  th.-  19th  Sept.  1777— he  was 
then  in  action :  he  saw  him  again  on  the   7th  |Oct.  when 
the  enemy  were  driven.     Witness  was  then  in  Colonel 
Hall  s  regiment  from   New-Hampshire.    Witness  never 
heard  his  (General  Hull's)  character  impeached  during  hit 
life  (mcanmg  during  the  Rcvolutionarv  War.) 

R 


"»' 


Lieutenant  Lewis  Peciham,  of  the  4>th  Regiment  U.S. 
Jnjantry^  was  called  and  sworn, 
'  Lieutenant  Peckhani  sakl  that  he  was  in  the  fort  of  De- 
troit on  the  16th  August,  1812,  and  recollects  speaking  to 
Colonel  Miller,  who  was  within  a  few  feet  of  General 
Hull,  but  does  not  recollect  speaking  to  the  general;  that 
he  told  Colonel  Miller  he  thought  it  would  be  well  to  spike 
the  guns  of  the  batteries  which  were  silenced,  lest  they 
should  be  turned  against  tKe  Fort  of  Detroit;  that  he  re- 
collects General  Hull  saying,  #'  are  they  coming  ?"  but 
does  not  know  Gen  ralHull  was  informed  that  the  enemy 
were  coming. 

fThe  Court  adjourned  until  to-morroxv  at  10  6* clock.  J 


28th  Day.     Thursday y  3d  Maifch^  1814. 

N 

The  Court  met  pursuant  to  adjournment^  all  the  members 
.  being  present.  Colonel  Bogardus  excepted. 
Lieutenant  Peckham  was  agsun  called,  and  said,  '*  I  saw 
General  Hull  frequently  at  Detroit,  on  the  15th  and  16th 
August;  and  on  the  16th,  during  theJcannonadc,he  appear- 
ed to  me  to  be  much  agitated ;  and  the  impression  made 
upon  my  mind  was,  that  he  was  under  the  influence  of 
personal  fear.    He  gave  no  orders,  to  my  knowledge. 

Mijor  Jeremiah  3Jumon  called  and  sworn. 
Major  Muqson,  in  reply  to  several  questions  put  to  him 
by  General  Hull,  said,  *'  1  was  present  at  a  council  of  war 
held  at  Sandwich— General  Hull  read  from  a  paper  he  held 
.what  were  considered  as  his  views  of  the  course  proper  to 
be  pursued  at  that  time ;— the  general  remarked  considera- 
bly on  the  fall  of  Mackana,  and  on  his  not  having  received 
iBjy  information  on  the  subject  of  co-opcr*iioa  from  bclov/ ; 


(  131  ) 

-there  was  a  fortress  erecting  at  Sandwich,  I  believe  for 
the  protection  of  the  inhabitants.    The  leading  features  of 
the  proposition  committed  to  writing  by  General  Hull,  and 
made  by  him  to  the  council,  were,  I  believe,  to  re-cross 
the  nver  with  the  main  body  of  the  army-to  cKct  a  for 
tress  at  Brownstown^to  open  the   communication  with 
Ohio-.and  wait  for  reinforcements.     I  recollect  that  the 
council  were  unanimous,  with  the  exception  of  one  or  two 
or  perhaps  more,  in  not  adopting  the  general's  proposition. 
Genend  Hull  stated  that  in  his  opinion  Fort  Maiden  was 
equal  in  strength  to  Stoney  Point,,  when  taken  by  General 
Wayne;  that  he  had  no  heavy  artillery  mounted  at  that 
time;  and  that  his  opinion  was,  that  it  might  be  attacked 
m  the  same  way,   that  is,  at  the  point  of  the  bayonet  $  and 
appealed  to  the  officer*  for  their  confidence  in  the  troona 
for  such  an  enterprize.    My  own  opinion  was,  that  the 
troops  were  not  generally  calculated  for  that  kind  of  ser- 
vice.    I  do  not  recollect  the  opinion  of  the  other  officers, 
excepting  Major  Tremble,   who  had  confidence  in  the 
troops  under  Colonel  M* Arthur,  and  expressed  himself 
accordingly.    The  result  of  the  council  was,   that  they 
should  wait  several  days  fot  heavy  cannon  to  be  mounted 
andfc)laced  on  floating  batteries— scouring  the  river—open- 
ing  the  communication  by  land,   and  trying  the  strength  of 
the  enemy's  works.    General  Hull  accompanied  his  propo. 
sitions  with  the  promise  to  lead  them  on  to  the  attack   if 
they  had  confidence  in  their  troops." . 

Q.  (By  General  Hull.)  Did  you  not  see  me  on  the  Uth 
and  16th;  and  did  you  observe  me  in  such  situations  as 
could  not  be  accounted  for  otherwise  than  by  personal  fear  ? 
A.  The  general's  situation  was  a  critical  one.  He  had 
a  great  deal  of  responsibUity,  and  great  care  on  his  mind 
if  he  had  any  feelings.  I  saw  nothing  in  his  conduct  but 
what  might  be  accounted  for  without  recurring  to  personal 
fear. 


(     132     ) 


I 


■  ^ 


Examined  by  the  Court. 

*'  1  was  present  at  the  time  when  Captain  Dalliby  re- 
quested leave  of  General  Hull  to  fire  on  the  enemy.  The 
general  replied,  "  Those  who  live  in  glass  houses  should 
not  throw  stones  first ;"  alluding  to  the  geherars  situation. 
I  heard  something  said  about,  "  If  the  enemy  would  let  me 
alonef  I  would  let  them  alone,''' 

Q.  Did  you  see  General  Hull  during  the  attack  on  the 
fort,  about  the  time  the  officers  were  killed? 

A.  I  went  into  the  fort,  about  15  minutes  af^er  Doctor 
Reynolds  was  wounded.     I  saw  General  Hull  at  that  time, 
^  .  as  I  before  siated. 

Q,.  When  you  speak  of  General  Hull's  situation,  do  you 
allude  to  what  passed  during  the  attack  on  the  fort,  or  afte  r 
the  firing  had  ceased  ^  * 

A.  I  did  not  see  General  Hull  until  after  the  cannonade 
had  ceased. 

Lieutenant  Bacon  again  called,  and  examined  by  Gen. 

Hull. 

Said  that  on  the  8th  August  he  drew  two  days'  provisions 
in  advance  for  the  detachment  imder  Colonel  Miller ;  and 
that  he  drew  provisions  for  detachments  of  the  4th  Regi- 
ment,  by  orders,  sometimes  general,  sometimes  from  the 
colonel— tho^e  orders  were  sometimes  accompanied  by  di- 
rections to  have  them  cooked. 

Colonel  Kingsbury's  Affidavit  was  taken  by  consent, 
and  read.     (See  Documents.) 


Captain  Samuel  Dyson^  Ut  Artillery,  sworn. 
Captain  Samuel  Dyaon  said,  I  think  General  .Hull  gave 
orders,  three  or  four  days  after  his  arrival  at  Detroit,  to 
put  in  order,  repair,  and  mount  the  heavy  artUlery,  and 
that  he  made  use  of  all  the  means  in  his  power  that  ctr- 
cumstances  admitted  of— several  artificers  who  did  not  be- 


s  situation. 


(     1»3     > 

long  to  the  army  were  employed  in  this  work.  I  h^d 
charge^  myself,  of  those  thin^.  la  the  ^hort  time  al- 
lowed every  thing  was  done  l;hat  could  be  done.  Some  of 
the  embrazures  might  have  been  repaired.  I  crossed  the 
river  with  the  army  apd  in.  five  or  six  days  returned  and 
took  the  direction  of  repairing  guns,  ma^e  a  gin  atfd  the 
rope  for  a  fall.  I  do  not  think  wore  could  have  been  done 
without  more  hands.  The  carriages  (for  howitzers)  were 
broke  in  an  experiment;  they  had  been  returned  unfit  f<jr 
service  a  year  before— we  had  to  make  new  oues.  Two 
bridges  over  Turkey-Creek  and  River  Aux  Canards  were 
taken  away  by  the  enemy — ^the  rivers  could  not  be  passed. 
The  road  from  Turkey-Creek  to  River  Aux  Canards  was 
90  marshy  that  cannon  could  npt  be  transported  by  land.  I 
was  at  a  council  of  war  held  at  Sandwich  in  August.  I 
commanded  the  batteries  on  the  15th  and  .16th,  and  recal- 
lect  seeing  General  Hull  pass  my  battery  on  the  16th,  <^ 
horseback,  before  day :  I  perceived  nothing  unusual  m  his 
voice — this  was  before  the  cannonade.  I  was  directed  qn 
the  morning  of  the  16th  not  to  fire  so  fast,  but  bo  reason 
was  assigned.  Our  firing  seemed  to  have  very  littje  ef- 
feet ;  their  ground  was  hi^er  than  ours.  I  believe  we  dis- 
mounted one  of  their  pieces* 


Cross-examined  by  the  Judge  Advocatf  n 
Witness  says  that  the  expression,  ^*  I  am  -mUinff  to  obey 
-fen^  order  i^  was  made  use  of  at  the  time  vea  appliqation  was 
made  by  Major  Jessup  to  General  Hull  for  a  24  pounder 
to  take  to  Spring  WeUs.  General  HuU  asked  witness  if  it 
could  be  taken  down ;  he  replied,  itis  doubtful,  but  **  lam 
wiBing  to  okey  any  order,**  Witness  say«  that  tibe  enemy's 
batteries  had  very  little  effect  on  the  American ;  that  there 
were  200  rounds  each  for  the  two  24  pounders,  which  were 
intended. to  be  taken  to  Maiden;  that  /or  8  waggons  were 
loaded  wi;th  b^)!  aodamqaunitipn  at  the  time  pf  the  s,\irrcn- 


C     134    ) 

dcr;  that  at  the  time  the  enemy  were  erecting  their  batte- 
ries, they  were  not  disturbed ;  that  one  of  those  batteries  was 
a  mortar  battery,  and  was  built  under  cover  of  a  wooden 
house ;  that  he,  witness,  was  in  command  at  Detroit  from 
1805  to  1808 }  that  a  great  number  of  cattle  and  hogs  were 
driven  thither  from  Ohio ;  that  the  contractors  got  the 
principal  part  of  their  pork  by  that  means  ;  that  the  inhabi- 
tants could  buy  cheaper  than  they  could  tslis"  >  ^,  nad 
there  was  not  enough  raised  to  subsist  the  ants ; 

that  the  Canadian  people  were  not  industrious  i,s  cultiva- 
ting their  farms  ;  that  the  enemy  might  have  been  prevent- 
ed from  working  at  their  batteries  in  the  day  time ;  that 
he  supposes  the  ammunition  would  have  lasted  for  two  or 
three  days,  constant  firing ;  that  there  were  56  barrels  of 
powder  and  plenty  of  ball,  which  were  taken  by  order  of 
General  Brock;  that  he,  witness,  did  not  see  Lieutenant 
Bacon  on  the  16th,  and  he  received  no  order  from  General 
Hull  not  to  fire  unless  with  effect ;  that  he  cannot  say  what 
number  of  24lb.  cartridges  there  were ;  there  were  fifty 
rounds  for  each  gun,  of  9lb.  and  12lb.  of  xanistershot; 
that  he  does  not  know  whether  the  24lb.  cartridges  were 
taken  from  the  waggons ;  that  he  thinks  there  were    loa 
rounds  of  241b.  cartridges;  that  the  boxes  of  ammunition 
which  were  in  the  waggons  wer©  not  touched ;  that  the 
ammunition  used  at  the  batteries  was  taken  from  a  brick 
store,  where  it  "was  put,  and  from  thence  taken  away  as  the 
service  required.  * 

Willis  Silliman  was  sworn* 
Witness  9ays  that  he  lives  in  the  same  township  with 
General  Cass,  (Zanesville,  in  Ohio)  and  corresponded  with 
General  Cass  during  the  campaign;  that  he  gave  t^e  first 
intelligence  to  Mrs.  Cass  of  the  fate  of  the  U.  S.  army, 
and  could  not  get  the  letter  from  her;  that  he  is  brother- 
in-law  to  General  Cass  by  marriage  with  his  sister  j  that 


(     135     ) 

he  has  lost  the  letters  from  General  Cass  to  him  (the  wit- 
ness;) that  one  of  them,  the  last,  dated  (he  believes)  the 
12th  August/1812,  says,  "  Our  situation  is  become  criti- 
cal. If  things  get  worse,  you  will  have  a  letter  from  mc 
giving  you  a  particular  statement  of  this  business— as  bad 
as  you  may  think  of  our  situation,  it  is  still  worse  than  you 
believe — I  cannot  descend  into  particulars,  for  fear  this 
should  fail  into  the  hands  of  the  enemy."  Witness  says 
that  he  had  another  letter,  he  thinks  of  the  3d  August, 
saying,  **  I  wish  you  to  exert  your  individual  exertions  to 
hasten  the  march  of  the  troops  from  your  parts."  (Ohio) 
•*  Men  are  (or  will)  become  necessary  for  (general  or)  of- 
fensive operations— (witness  does  not  know  which  term) 
Provisions  are  (or  will  become)  necessary  for  their  exist- 
ence," (or  that  of  the  troops ;)  that*  in  some  letters  from 
General  Cass  to  witness,  he  said  "  Is  there  nothing  to  be 
done  on  the  lakes  to  make  a  diversion  in  our  favour  ?"  In^ 
the  same,  or  another,  he  says,  "  I  can  scarcely  conceive 
the  impression  made  by  the  fall  of  Mackana." 

Peter  Mills  duly  sworn. 
Says,  that  he  is  from  Zanesville,  in  the  state  of  Ohio ; 
that  he  heard  some  of  the  letters  from  General  Cass  to  Mr, 
Silliman  read ;  and  that  they  confirm  the  statement  made 
by  Mr.  Silliman  to  the  court.  ,    ■ 

Daniel  Conyers,  of  Zanesvilley  sworn, , 
Confirms  in  part  the  statement  of  Mr.  Mills. 

Willis  Sillimixn  again  examined. 

Says  that  he  received  a  leiter  from  General  Cass,  frcna 

Urbana,  dated  about  the  time  General  Hull  took  command 

of  the  army,  which  letter  witness  was  directed  to  bum. 

It  stated"  General  Hull  has  taken  command  of  the  army  s 


(136    ) 

attd  I  am  sony  to  say  to  you,  that,  instead  of  having  art 
alle  energetic  oomniand«r>  we  have  a  weak  old  man." 

G§L  Samuel  Larmd,  of  the  9th  Regiment  U,S.  Infontr^^ 

sworn. 
Colonel  Lwned  said,  <*  I  was  acquainted  with  General 
Mull  during  the  Revolution,  and  never  heard  of  any  thing 
H^kh  plaoed  him  beneath  any  officer.    His  character  wa:; 
good* 

C Adjourned  until  toi-morrow  at  10  o^clock.J 


29th  Day,    Friday,  4th  March,  iai4. 

TAe  Court  met  pursuant  to  adfOummenu*»<dl  the  members 
present f  eiecepting  Colonel  Bogardus, 
General  llull  read  aletter^  dated  Fort  William,  on  Lake 
Superior,  19th  July,  1812,  from  K.  M'Kenzie,  to  Duncan 
M'^tosh,  agent  to  the  North' Western  Company.  (See 
Appendix.) 

Gen,  W'itliam  iforth  called  and  sviom. 
Gen.  North  said  that  he  was  Captain  and  Inspectpr-- 
General  to  the  army  of  the  U.  S.  and  aid  to  Baron  Steu- 
ben, and  afterwards  Inspector  to  the  same  army ;  that  Gen. 
Hv^^s  character  in  the  army  was  that  of  an  active  intelli- 
geiii  officer ;  that  the  witness's  situation  in  the  army  gave 
him  an  opportunity  of  knowing  all  the  officers ;  and  that 
Oenei^al  Hull  always  did  his  duty. 

Col,  Robett  Troup  was  swoitn. 
Said  that  he  was  a  Lieutens^it  in  one  Of  the  New-Tork 


(    137    ) 

rejjimetils,  having  entered  the  army  as  such,  and  tervei 
during  the  campaign  of  1776 ;  that  in  1777  he  was  one  df 
Gen*  Gates's  family,  as  aid,  with  the  rank  of  Major ;  and 
was  with  that  general  when  he  took  command  of  the  North- 
western anny ;  that  soon  after  this  he  became  acquainted 
with  General  Hull,  then  Major  in  a  Massachusetts  regi- 
ment commanded  by  Lieutenant-Colonel  Brooks ;  ]that  an 
intimacy  soon  grew  up  between  General  Hull  and  tlhe  offi. 
ccrs  of  General  Gates^s  family }  that  it  was  considered  that 
General  Hull's  conduct  during  the  campaign  was  that  of  a 
brave,  active  and  intelligent  officer;  and  he  was  always  re- 
ceived by  the  commander  in  chief  accordingly  J  that  his 
conduct  in  the  action  of  the  19th  September  was  consider- 
ed at  head-quarters  as  being  very  gallant  j  and  that  no  offi- 
cer was  more  tespected^or  more  esteemed  at  that  time  than 
Genend  HulK 

General  Hull  then  proceeded  to  read  other  documents 
and  evidence,  viz. 

Affidavit  of  Gen,  Heath,  of  Massachusetts,  dated  20th 
Dec.  iSia. 

Letter  to  the  Court  from  Francis  Tuffts  (dated  Boston, 
Feb.  3,  1814)  formerly  an  adjutant  in  the  army  of  the  U. 
S*  in  the  Revolutionary  War. 

Another  letter,  dated  31st  Jam  1814,  from  Capt.  Abra- 
ham Childs,  who  had  been  under  the  command  of  General 
Hull  in  the  Revolution. 

A  Letter  from  Adjutant-General  Brooks,  of  the  Revo- 
lutionary army,  dated  Feb.  4,  1814.; 

A  Letter  dated  20th  Feb.  1813,  from  Henry  Sewall, 
General  in  Massachusetts,  who  also  served  in  the  Revolu- 
tionary War* 

A  Letter  dated  15th  Feb.  1813,  from  Col.  Peters,  ad- 
dressed to  Brig.  Gen»  Hampton,  President  of  the  Court- 
Martial* 


C     138     ) 

A  Letter  fr^m  Major  Barmistcr,  dated  IMh  Feb.  181  J, 
from  Brookfield,  to  the  same. 

A  Letter  to  the  Court,  from  Col.  M'Crackan,  dated  inh 
Feb.  1814.  , 

A  Letter  from  Lieutenant-Colonel  Huntingdon,  Adju- 
tant-General in  Connecticut. 

Deposition  of  Col.  Elijah  Sandford,  dated  New-Haven, 
January,  31,  1814. 

Deposition  of  Col.  Samuel  HubbeU,  of  Bridgeport, 
dated  20th  January,  1814. 

Lieutenant  Lemuel  CHft  called  by  Gen,  Hull  and  sworn. 
Said  that  he  was  in  the  whole  of  the  Revolutionary  war, 
and  was  acquainted  with  General  Hull,  who  always  sus- 
tained the  character  of  a  good  officer,  and  one  of  the  best 
from  the  state  he  belonged  to. 

Gen,  James  Taylor^  of  Ohio,  called  on  the  part  of  the  U,S\ 

and  sworn. 
General  Taylor  stated,  «  I  was  Quarter- Master- General 
to  the  North- Western  army,  appointed  by  Gov.  Meigi, 
and  confirmed  by  General  Hull  and  the  Secretary  at  War. 
I  was  one  of  Gen.  Hull's  council,  and  recollect  that  the  im- 
pression  made  on  my  mind,  as  well  as  upon  others  to  whom 
the  letter  from  the  Secretary  at  War,  dated  18th  June, 
1812,  was  shewn,  was,  that  war  was  inevitable,  and  that 
It  was  substantially  though  not  formally  declared.  I  was 
present  when  General  Hull  conversed  with  Captain  Chapin, 
who  commanded  the  vessel  which  was  sent  from  the  Ra- 
pids to  Detroit  J  Chapin  talked  about  dining  with  the  Brit- 
ish officers,  and  asked  an  exorbitant  price  for  his  boat:  I 
told  General  Hull(whrom  I  called  out)  that  I  suspected  the 
vessel  was  sent  there  to  entrap  them,  and  advised  that  she 
should  not  be  employed,  but  that  the  effects  should  be  sent 
l^y  waggons;  General  HuU,  however,  looked  to  the  ex- 


(    13d    ) 

p«iTC  J   and  said  he  did  not  know  much  of  Chapin,  but  he 
knew  h.m  to  be  an  American  and  believed  him  honest. 
Chapin  reduced  his  price  from  150,  to  60  dollars,  and  was 
employed.     I  did  not  send  my  own  baggnge,  but  serfl  the 
stores  of  the  department  by  order;  I  had  some  conversi^ 
tionwuha  Major  Whipple,  and  others,    and  being  JP 
formed  that  the  vessel  need  not  go  up  on  the  Maiden  sidlF 
I  was  induced  to  believe  that  the  danger  was  not  so   great 
as  I  had  supposed ;  but  after  the  baggage  was  put  on  board 
and  the  army  had  marched,  I  learned  that  the  vessel  must 
go  under  the  walls  of  Maiden;  and,  considering  that  she 
had  on  board  uniforms  and  other  military  stores,  1  theti* 
entertamed  no  doubt  but  she  would  be  detained,  and  ex- 

llinl » ^  °^'"'''"  ^""^*  ''"'  °°'  '°  '^^  P"""'^  °^  ^'*^"^- 
Witness  said  that  he  did  not  believe  that  much  was  done 
towards  preparing  cannon  and  ammunition,  until  after  Col. 
M.Uer  8  return  from  Canada,  that  was,  about  the  25th 
J  uly ;  that,  from  the  best  information  he  could  obtain 
there  were  at  Maiden  from  90  tt*  120  regulars,  about  500  ^ 
militia,  and  from  500  to  600  Indians,  und  that  the  militia 
were  continually  diminishing,  about  350  of  whom  came 
and  took  protection  from  General  Hull  under  his  procla- 
niation  ;  that  he  was  informed  and  believed  that  the  In- 
dians became  timid  and  were  skulking  about;  that  there 
were  several  councils  held,  in  which  there  were  few 
exceptions  to  the  general  opinion  of  the  officers,  that  the 
army  should  be  marched  against  Maiden;  that  he  dis-f' 
tmctly  recollects  that  Colonel  Miller  said  he  would  answer  " 
for  his  men  (the  4th)  that  Colonel  Findley  had  some  doubts 
as  to  his  ;  (militia)  that  Colonel  M* Arthur  said  he  had  no 
doubts  ;  he  did  not  like-  much  to  boast  of  himself  or  of  his 
men,  but  would  have  no  objections  to  trying  them;  Colo- 
nel Cass»s  reply  witness  did  not  recollect.  (These  opinions 
were  given  on  the  question  whether  Maiden  should  be  at- 


A    ...£& 


'^ 


(   14a  ) 

tacked  without  waiting  for  the  heavy  artillery,  aod  ia  «!-• 
•wer  to  General  Huirs  inquiries  whether  the  officers  com- 
manding corps  could  depend  upon  their  men  rn  such  an  at- 
tack.) That  at  that  time  witness  was  verv  unwell,  hut,  be- 
f{  at  Detroit  for  the  benefit  of  his  health,  went  tvery  day 
performance  of  his  duty  as  quarter-master-general,  and 
,  ard  General  Hull  express  his  anxiety  to  have  the  heavy 
cannon  prepared  as  fast  as  possible ;  that  Captain  Stack,  a 
good  officer^  was  employed  by  order  of  General  Hull ;  that 
witness  was  authorized  by  Government  to  provide  means 
adequate  to  the  supply  and  transportation  of  the  army,  and 
1^4  liberty  to  draw,  and  never  met  with  any  demur  to  the 
pvfrment  of  his  bills. 

Witness  said  that  the  order  to  retreat  from  Canada  ex- 
cited very  general  and  almost  universal  disapprob^tbn 
ftfliong  the  troops  ;  that  after  the  orders  were  issued  to  re- 
treat from  Canada,  the  officers,  and  witness  in  particular, 
expostulated  with  General  Hull,  and  strongly  urged  him 
not  to  retreat,  observing  that  the  nature  of  his  proclama- 
tion offering  protection  to  the  inhabitants,  was  such  as  would 
materially  injure  any  other  army  which  might  come,  if 
those  inhabitants  who  had  come  in  under  that  proclamation 
should  be  deserted  ;  stating  that  the  Indians  could  not  col- 
lect such  force  as  he  apprehended,  from  the  want  of  provi- 
sions necessary  far  their  march  through  the  woods ;  and 
finally  urging  him  to  suspend  the  execution  of  his  order 
Until  the  next  day,  that  means  might  be  taken  to  remove 
the  waggons  and  other  public  property  from  Canada  ;  the 
General,  however,  persisted  in  his  determination,  stating 
that,  from  the  best  information  he  could  collect,  there 
were  from  5000  to  7000  Indians  and  2000  Engages  of  the 
North-Westem  Company,  who  would  probably  come  down 
from  tlie  north.  He  never  produced  or  mentioned  any 
thing  of  M*Kenzie*8  letter  to  M'Intosh  at  any  of  the  coun- 
cils*   He  stated  that  the  enemy  would  come  up  from  Fort 


~* 


(     141     ) 

George,  which  witness  did  not  then  believe  would  be  the 
case,  although  they  since  have  brought  their  forces  from 
that  quarter.  General  Hull  read  the  letter  he  received 
from  General  Porter,  after  the  army  had  re-crossed  to  Mi- 
chigan. After  the  flag  was  hoisted,  and  before  the  capitu- 
lation, the  witness  saw  the  Michigan  militia  drawn  up  in 
line,  and,  as  far  as  he  could  learn,  the  men  were  dissatisfied 
and  disgusted  at  the  idea  of  a  surrender. 

Witness  says  that  he  saw  the  British  officers  come  to  the 
fort  at  Detroit— he  was  then  at  the  gate ;  that  General  Hull 
was  about  taking  them  into  the  fort,  but  was  advised  not 
to  do  so,  and  then  directed  them  to  his  marquee  :  that  Gen. 
Hull  sent  witness  for  Colonel  Findley,  whom  and  witness 
he  wished  to  act  as  commissioners,  and  to  draw  up  the 
terms  of  capitulation  ;  they  both  replied  that  they  did  not 
agree  with  him  as  to  the  necessity  for  it,  and  therefore 
could  not  act ;  and  the  general  expressed  his  sorrow  that 
they  did  not  join  him  in  opinion  as  to  the  only  measure  that 
could  be  adopted. 

Witness  says  that  he  was  present  when  General  Hull  re- 
ceived  information  that  the  Indians  had  passed  over  from 
Brownstovm  to  Maiden,  when  he  expressed  great  regtet, 
and  was  apparently  much  agitated.  He  sn  s  that  he  was 
also  present  when  information  reached  General  Hull  that 
Colonels  Cass  and  Miller  had  taken  the  bridge  at  River 
Aux  Canards  ;  that  the  General  was  very  much  displeased 
and  irritated  at  their  conduct,  and  said  he  was  surprised 
that  gentlemen  would  attack  the  enemy  at  that  time.,  when 
he  had  not  his  heavy  artillery  ready,  and  that  he  only  sent 
them  down  for  observation  ;— -and  that  it  was  at  the  urgent 
solicitation  of  the  witness  and  General  Findley  that  he  con- 
sented that  they  might  retain  the  bridge,  and  at  their  own 
responsibility. 

Witness  also  says  that  about  the  9th  of  August  he  pro- 
posed to  General  Hull  to  allow  him  (the  witness)  to  apply 


C     142    ) 

to  Governor  Scott  for  the  Kentucky  quota  of  the   100/)00 
militia  ordered  by  the  General  Government ;  stating  as  his 
reasons  for  making  the  application,  that,  if  the  force  Gene- 
ral Hull  expected  should  arrive,  he  would  still  want  men  ; 
and  that  Governor  Scott  was  a  revolutionary  officer,  and 
would  not  be  afraid  to  take  upon  himself  the  responsibility ; 
and  would,   (witness  thought)  send  them;  that   General 
Hull  in  reply  said,  that  when  the  troops  he  had  sent  for 
should  arrive  from  Kentucky  and  Ohio,  he  would  have 
men  enough  j  and  he  declined-making  the  application  ;  that 
then  witness-  stated  to  Gen.  Hull,  as  an  additional  argument 
to  induce  him  to  send  for  the  Kentucky   quota  of  militia, 
that 'they  would  enable  him  to  re-occupy  Canada,  keep  open 
the  communication  with  Ohio,  and  resist  the  force  that 
might  come  against  him  from  above  and  below. 

Witness  also  says  that  he  saw  General  Hull  several 
times  on  the  15th  and  16th  August,  and  cannot  say  that  the 
general's  appearance  maue  any  impression  on  his  mind  on 
the  15th,  as  indicative  of  personal  fear;  that   when  wit«- 
ness  saw  him  early  in  the  morning  of  the  16th,  he  appear- 
ed pensive  and  very  low-toned  :  he  did  nothing  to   cheer 
the  men  or  keep  up  their  spirits  :  his  countenance  was  dull, 
and  his  whole  conduct  made  an  impression  on  the  mind  of 
the  witness  that  he  was  not  as  firm  as  he  ought  to  have 
been;  his  position  was  very  near  the  gate  and  towards 
that  part  of  the  fort  least  exposed :— that  General  Hull  sent 
an  order  to  Colonel  Findley  to  move  from  the  upper  to  the 
lower  side  of  the  fort,  without  giving  any  directions  where 
the  troops  were  to  station  themselves,  or  how  they  were 
to  act ;  that  while  witness  was  with  him,  the  general  was 
informed  that  the  British  were  preparing  to  crosg,  .and  he 
gave  no  order  that  they  should  be  met ;  that  witness  saw 
the  tobacco-spittle  which  was  rubbed  over  his  face ;  and 
that  he  thinks  General  Hull  was  under  the  influence  of 
personal  fear — witness  thinks  that  the  force  under  Colonel 
Bush  consisted  of  about  300  men. 


■^-  (     143,) 

Cross-examined  by  Gen.  Hull. 

Q.  Did  I  not  give  you  an  order  on  the  14th  August  19 
furnish  pack-horses  and  provisions  to  the  detachments  un- 
der Colonels  Cass  and  M* Arthur  ? 

A.  You  did,  and  it  was  done. 

Q.  Do  you  know  whether  tfie  provisions  were  furnish- 
ed :  and,  as  Quarter-Master-General,  did  vou  not  consider 
It  your  duty  to  provide  transportation  for  baggage,  with- 
out any  farther  special  order  from  me  ? 

A.  I  thought  it  was  my  duty. 

Q.  Did  you  not  advise  employing  Chapin's  vessel  to  take 
the  baggage  from  the  Rapids  ?  / 

A.  The  first  intimation  I  had  of  sending  the  baRKaee 
was  from  General  Hull,  who  desired  me  to  make  a  contract 
with  Chapm  upon  the  most  reasonable  terms  possible  ;  and 
It  he  would  take  a  reasonable  price  to  employ  him,  and  not 
otherwise. 

Q.  Who  informed  you  that  the  vessel  could  not  go  on 
the  American  side  ? 

A.  I  think  I  understood  so  from  Chapin. 
Q.  Had  you  rt  authority  to  supply  provisions,  among 
other  thmgs  ? 

A.  I  had  not ;  only  those  articles  within  my  department 

Q.  Did  I  not  tell  you  to  take  charge  of  the  property  at 
I'ort  Hope,  under  cover  of  the  cannon  ? 

A.  You  did. 

Q.  Did  I  not  tell  you  that  Col.  Anderson  had  informed 
me  by  letter  that  a  large  body  of  Indians  was  expected  iVom 
he  Mississippi  and  the  westward  ? 

A.  I  think  you  did. 

Q.  You  say  that  the  British  were  in  the  habit  of  detain- 
ing vessels :  did  your  apprehensions  on  sending  the  vessel 
arise  from  that  circumstance,  or  from  an  impression  that 
the  declaration  of  war  had  been  actuaUy  receive*  bv'thfi 
British  governor  ?  '  "^ 


uimatb^tt 


(    144    ) 

A>  My  apprehensions  were  grounded,  nOt  so  much  up« 
Oil  the  knowledge  of  the  war  by  the  British,  as  upon  the 
circumstances  I  mentioned ;  that,  as  she  had  clothing  and 
Warlike  stores,  they  would  detain  her  under  the  expecta- 
tion of  wai;. 

Q.  Did  you  see  any  thing  exceptionable  in  my  situation 
on  the  morning  of  the  16th  in  the  fort  i 

A.  I  did  not. 

("Adjourned  to  the  next  day, J 


i 


30M  hay.    Saturday f  Sth  March^  1814. 

The  ^'ourt  met  pursuant  to  adjoui^nment,  all  the  mem* 
hers  being  present,  including  Col.  Bogardus  {  who  appear'> 
ed  and  stated  that  he  had  been  prevented  from  attending 
the  Court  by  indisposition.  By  consent  of  Gen*  Hull  the 
minutes  of  the  Court  were  read  to  him^  and  it  was  ordered 
that  he  should  be  again  admitted  to  his  seat. 

CoU  Richard  Piatt,  called  on  the  part  of  General  Hull, 

was  sworn, 
Q.  Were  you  in  th*  Revolutionary  army  j  and  what  rank 
did  you  hold  ? 

A.  I  was  in  it  from  the  beginning  to  the  end*  I  com* 
manded  a  company  in  1775,  and  was  Brigade-Major  to 
General  M'Dougal  in  1776;  and  subsequently  Deputy 
Adjutant-General  and  Deputy  Quarter-Master-General  to 
the  main  army  of  the  United  States  under  General  Wash- 
ington. ^ 

Q.  Were  you  acquainted  with  me  ?     Do  you  recollect 
"^y  commanding  in  the  lines  ? 

^  A.  r  knew  General  Hull  perfectly  well  when  Captain  un- 
der Colonel  Webb,  and  iq  Gener^l  M'Dougal's  brigade. 


my  situation 


ou  recollect 


(14*    ) 

Ifl'^ITfir iillliiiMiililiiiii rmy.^-^^^^^^  ^»wn€u  ■  MriNto- 

Z???^.  "f*"***  **  '»''*yw»'***wii  mm  ■■taa..  the 


(146    ) 


m 

m 


thM  'the  ^ft^rifl  fi^uld  nlit  1uiv<ir  sent  #i|  ^  if  be  haA  »kMwn» 
that  war  WM  dediured*^      iaN-«      *'^'      '»fm>f4i«»«>«*f«  *w^ 

Crofts-examined  by  the  Judge  Advocate.  ;  ^  rrs^i 

.'"It^'W^^capacitjr'trereyoa^lbt'-  •  •■'    •• '-  'H- *»,liT-.,A.fi 

^  A;' t' wiM^then  S<jrjeiint  ttt  Ih64th  Regtoent  ef  Infimtrjii 

and  had  charge  of  the  sick  and  of  the  hospital  storicsa*  "rA-^. 

Q.  Did  the  enemy  fierMit  ^  td  go  about  the-^rl^at 

Maktek-?^''»3*i[**  btts ,.V;t*i?  -hi'f^t' '■W'm'% 'iMiikish^/t^ii:A 

A.  They  «<li  l^^li^intttfis  Y^tit^ahied'J^   «  O  vB)   P 
«  Q*  Coiild  you  ascert^tf  Aifr^Jfce^ff*  iflerH*  ?r?j^'¥^  f^f) 
A.  I  tboi  erery  oppmtnnity^  I  coold'  df  cottiKing^  th^ii. 

250  to  300  militia,  including  those  in  the  boats ;  perHI^ 
^00  to  350  IndiMSf  but  it  was  difficult  to  ascertnn  Uiis 
with  any  precinon#''i;^'^>  arfrwTitrffPv.p  -       ..■...■, 

A.  Tlieire  wer6  in  the  Hunter  30  r6gataiir^>  aiul^ib  tfee 
Lady  Prevoost  from  30to  401M(^lanl$  this  wa^f^riibut'the 
aoth  }ul^ ;  KI^  i&€t^tm^V^<^  Brownsto^ri  theft  #(:re 
about  300  in  r^d^ebatttfiMHtfri^ferkt':  IPitm^  Ufn  SOthftetl^ 
'Mh  Jdfy  many  of  IhftiiflilMa  want  to  thibir  i!u»»  Aidi  re- 
turned, making  as  many  as  before,  exclusive  of  diomi  in 
red  coats«-^8ay  900  Were  the  whole  force '^t' Maiden.  At 
tbe^itik!na£,i^\baltrd  ^i^BSbwnstownrrdkdiiifc^ii^ 
serjeiartSMid'r)!^'aMD^'lnf.theifoi!ti-t£  •ah  t¥|«if,Wi-W-i0 

Q»f Adia  i^y^eftbstd;^  theitettle  jof iBffdlivsto^ 
.  r^l^  Atibut1^40f^ingtdan,^rmili^f  aaA  ladiana,  d^cliflive 
of  the  Brownstown  Indiatteti)  sis*  bt»/yidx'"     -    "rit'>i  bn 

Q.  Were  you  at  Maldfid.'«hiettHDalQBel8iGas8  i^  Mil- 

hbiRMk  %he  bridgi&it  J^aBj6ananla«  and  mH$  ti^ifip  $pere 

thei%then?  '■■■^^'ti^?mi'Mk  h'^.?Hfrfi*?*^.S|,Hf4:- ^.w^,.,  ■*,>.:■ 

-.A.  I  was.    The  trobpBtiiieTet.fiiontly'aiovedviaitl  of  the 

town— there  was  a  good  deal  of  confusion  in  the  town, 


(     147    ) 

nioiwiir^afecu.    TheQu«!nClwrl<)ttec4mftto.tiji#Wrf 
and  todk  in  the  bdggage  lud  Yemeni  «b«,i,fterww4«  to 
nertdp^atlsloose;  ready  to  «aii.       '^'    f'-r'      ■     ' 
^  Qi  Whit  number  of  vessels  thu  tliem^^  you  ^»tre 

A^Thc  Hunter  and  the  Queen  Cfaaiaotte  |  Wittily ' 

arrived- Aere.'  .,  „.^k-,    .       ^,^, -j^- ■ 

'^i  MnntvMilie8t3»etf^d^etraop8?  ''':        ^„|hf  '^^ 

A.  In  general  they  were  fit  for  duty,  and  ito  ^o6dhimu 

Q.  (By  Och.  Hollr)  WhatHUirtber.«f  Indtaa  ivarriprs 

did  you  ever  count  on  anytoae day?  •,    /. 

^t' The  greatest  numbeir  wais  about  600i  on  the  iSth  Au- 

SJjf'  ^^^^'^^^■■'"Sop*  some  on  horseback,  aQme  oil 


Ji 


Question- by  the  Courts  :e,^: 
Q.  Did  you  ever  write  to  ai^.A«ierictia  offic^/pf  the 
£Bh:e  df  the  enemy  f      -  t 

mA^  I  did,  to  Captain  Biuton.  :  ijpfH 

*^  Q.  Ceidd  &e  vessel  liave  efeeaped  if  you  had  gone 
Arough  the  ehartael  on  thfc'  Ahieriam  side  f  ,^- 

A.  Itisdifficuhtoanswel",  as  Ae  Hunter  was/in  the 

cnanneU  -^^'1  'A 


''■vf'?-~.-li:i.*i  'h^ 


57 


Co/<wie/  Soimon  Rens»elaer  catted  hy  Gefu ■M^;'e^^w»^ 
Q  Were  you  in  the  army  undtr  GenenA  Wayne? 
A.  1  iraa  Captam  df  drains  in  trm  undef  hin.  • 
^4M)o  ybtt^coftect  the  ordfer  6f  man 


mareh  by  that  aetnyj 


ar^d  is  the  one  exhibited  like  It  ? 
^ A.  l%is  order  appears  ^'imiiah' 

Q.  Was  there  any  other  order  of  bittltt  W  bt  march ; 
and  was  it  not  considered  the  best  P 

A.  It  w^,  as  £ur  as  I  recolleet* 


-J 


*-s. 


A.  I  wa^  Lieuteiiant-Colon)4  |b  .^  M^Oiipcfi  pliUiaa, 
4»f  ?Orl>»*  \i9imm^  ii^^lwf  of  the  jipnijiiofir,  pi%in 
the  Revenue  pepaitmcmt  at  Detroit-^  knew  the  Squjrp^ 

!W!F«*^.$«^>fChapi^        ■  r.  ..     •    :     :.-,h  -t'-i'  .r. 
i  ^  :)Fw;#ra«j|4«yRJpf4'we8^      BwW^«^  W«4 

for  that  packet  ?        '  .,,,.    ?.    .  j^^. 

A.   There  wiB  ^^/j^mmyM'Vfm  ^'ml^fP^^t 

number  of  inhabitants  in  m^ijo^spp^l       ♦^..wi,.^  /      r  , 
1  Jt'  ^  4»4!;  Tlw:»  wr^ Jr^.^u^.  jwrhij^g  th|e:4it;iict 
<?f /^*)*9i^  ffij?  «>>^ ;  ..an4  that  4>f  M.ifJ?iliipa|anafe  6% 

Q.  How  were  they  situated  as  to  k)cal  situation,  4lB|t|' 
their  distance  from  Detroit  ?  ') 

A,  The  s^ttlem^^  ^n  that  (couw^y  JMff  generally  made 

Q.  What  number  were  <m  the  ^iver  Sl^  Qf^^  |^/tl|^  ' 
Huron  district ^  ^_^^,,.,,,^^^  i.-'.-;:^!^*?**^^  ,»H  »-'^9  ■r'*''  "^.K?'!  'i^ 

ver  St.  Clair  and  JJurpp  oJF  tli  t j|ke,  ^Q,  ,  i-  *    • 

A.  That  district  exten4e4  f^jniles  northward  t^  l^ilk 
River,  and  southerly  22  miles,   and  contained,  including 

,  Q.  Whs^.^mber  on  the  Rivjer  Eaisin  ^^  3B|ij>,|^    ^| 
^»  'WtM%^}^^  ^W^^m^^  ^^^    lii*  waf  ii^an 

dary  of  the  Detroit,  near  ^.  ^ jj? ^ JJufjp^of  j^e  i^ke< 
d.  How  long  have  you  Jij^iSkt  Detroit,  and  iiitheT^ 

A.  I  was  six  years  ai^4  m^fi^^  im\  *^^  tifOf  Pl  ^^ 

surrender,  .•  ;,,|*^^^■■.,ic•■ 


1l- 


(:  ^    ) 
»„f  •  '^^""^  ^'^  «fl^»g IN  Wf%  go  to  «r?»7|,0f*c, 

CS^vemorof  the  Territory,  to  get  it  fn,m  the  he«Wpf  fe^ 

A.  Probably  ijo.  ' 

Q.  How* did  I  ajq^  ontha^  njomioff J 

General  HuM.  ^^^«^  MulgeiiM  on  the  par^  of 


m*- 


H.  Did  I-Mot  8tateb6fbre  leilviag'  Gntdt,  th«f^I-|fftd 

received  information  of  a  reinforceinlent  bein^  iMk'-Uli'  waf 
fit>m  V6n  Brie,  a^d  tHat  I  ink  t6  hmvt  no  iM^opMiAod  at 

Niag4r»^'-'*''^'^**"w»n-it  i'->-' *■•'     ■  '•■»»*•  i»«^«jf'iv«<J*i 

A.  On  the  l^^Attgtiftt  General  fiuH  tdl<l  «t«,  llitif  he 
contemplated  leaving  Canada,  in  con8e<|uence  of  reittfdi*^^ 
ments  having  anrived' and  being -oil  their  way  toth^^^^y* 
and  in  consequence  of  information  that  Maj<^  Chamber 
had  arrived  from  Port  £rie%illi  a  6Mitid«rtlble'feil4:e,  4Vid 
of  their  being  noco-opeMtidnion  tl^fc  Niagara 'ftMltieitJ'  1* 
took  this  opportunity  ^liieHtioniBig  to  Genetal  ^HfaU'  ihe 
miserablo  and  d-itieal  dttufttioft-^td>  #hich  the  iiihkbittoM 
would  be-exp08edfm'&iiis«^{li«nife  of  this  «vaeiMtloay'bjr 
his  prochmmti<Mi«tiferitag'|Arocc«tion:  hir'feply  was,  thati 
of  two  evils  he  must  chooie  the  less  {  and  ilmt  wat'to  ^Ofe* 
centratohis  f<m:e  fM-  the  ^kffencte  tof  Detl^jl  and  to  iifj^in 
the  communication  witbthe  River  lltl«te.^^!^*»'^***i!^J^»# 
Q.  Did  you  not  see  meort^h^  IBftW  Auigostf  hh^ni 
A.  I  saw  you xmrthat  d«y,ltfd  ModH^iet  yotu'taying^  <>  Thci 
British  have  demanded  hk6  ^ place^"'  aiid  your  addihg*  vrtitk 
some  firmness,  *^  If  they  wanricdiey'mitst^ghtibi^  it^*^ 

Questions  by  the  Court.       "^  ^^^^i^^Ajt 
Q.  Wereybi]^  ih  suthf  ft^iuatiott  iiito  be  able  >I64«I^- 
tain  the  fact  of  i^«f^  being  #aiiting  in  all  the  dbpHtlttiiealk 
of  the  army?    If  so,  whatwasit?  ^^  ^^   ^' 

A.  I  Was  with  1^6  army  frOfit  the  tifHe  it  firi^<risN»te#-to 
the  8th  August^  em^loye#ln^isMliA^<|Jrotettiot!  to  the  in- 
habitants. 1^  iM  aH  my  btisift^g^in  the  g^ixil<adFs  ^<|t]iMers 
until  within  a  fewdaytt  b^fd#e  iiir%  i«efosiied^theti'f  didif  afc 
a  small  tent  near  his  quaners.  This  ^^;ii(ve  me  tdofpom^ 
nity  of:  knowing  tiiaeilie'gexi«rilf4iad' to  hkterfnto^eiiti^ 
nutiae  of  the  different  departmehtsraiid^vi^b  1^  sHtribatMl 
alone  to  want  of  system  on'bispan-iJcttOwingilfe^eal'aAd 
integrity  of  the  heads  of  die<fiitfrea«  depirtiaeiittf  I  i^ 


Mff  ^I  Ifftd 

k'-iA'  wiif 

ChamUe^ 
01x6,"  Cnd 

tatioa,  ttjr 
was,  th«i 
at'to^Oft- 
i  io  ^tn 


ta^ailjer- 

to  the  ia- 

^({tiiMera 
E  did  it^lfc 

b^heiiti^ 

itteataad 


CI"  ) 

potfiitbe  genera  interfered  in  the  different  departmenis 
HoneceMarily* 

t*  Q»,  W^Ihttnumberofthe  inh9t>ilaiits  of  Canada  received 
inrotection?  '     ■■•i:-id  iluH  te-isfwi)  J.«<!;  _  _,      . 

iirlA4.,Fro»  the  teeordB  I  Jcept,  and  as  nearly  aal  can  re^ 
C9^nctf$6ff,  including  deserters. 
,7%.(%Gen.  Hull.)  Who  was  at  the  head  of  the  me- 

-A.  Dr.  Forttei^  who  waft  taUa  liok  iho^dy after  I  knew 
C|f  hie  arrival  at  Detroit,  and  died.. 
IMQ.  Who  was  at  the  head  of  the  engbeer  department  ? 
^n4*f^Jlieateiiam  Partridge,,  who  wiie  sick  during  the 
fl^atestpart of  the  time  that  the  army  was  in  Canada.  I 
have  hearAof  his  death  ako.  I  donot  know  of  his  doing 
>«ny»dttty*v.  'v.;fr{v<-;:^.-.«;.iii.,n'r:  ■  /"  -       • 

♦  .^  .Did  j»il^ic«ii|der»y  interfering  in  the  medical 
Mid  engineer  departBMmt^a^owingttt  the  sickness  of  the 
heads  of  thoee  definrtmentit    v     / 

^i^  Idid  net.  I  thought  It  was  Owingto  a  great  anxiety 
9^'thft  service  wbithwiftb  usual  wi^  you.  ■  . 

/  :^  AASiekly  as  yo».oaii  recoUect,  how  many  of  the  Ca^ 
iadtans  who  took  protection  were  inhabitants  not  attached 
to  the  army  P        , ,,..,;_  ■  ^,u.  ■ .:.  ■■  ,^„; .;,,._  ^  ^.  .  . 

>/^<T:eouldnol  siati  wii  precision— the  largest  propor- 

Hm^iMv^  de««i!teRi  kit^timVon  of  Maiden.  >  ,  * 

'  Br0w$.M^  fohnWMttknut  Regmmt  of  htfimtrff; 
n"  M»  r*  faUt^«»4hep^H  of  the  U.  S.nvorn. 
?S'i»l^fl(rjWWe%«iidv«|-Mra»in  command  at  Detroit 
wb^e<li«nlI|uU«nwed  with  the  army  there  in  1812; 
^pt«lr*%8«»  a»d  1  w«ked  M^  the  general  and  were  ask- 
«dfoi?«.reltom.of,the  e»la«f  ^e  gawiwn  a*to  ordnance 
mm^l  llaiidfdrhl«k;o»e-fer  the  saonth  of  Jone^  previous 
l»«h«^mjr't«lw,»iig.^t^C^hada.  r  think  there  were 
tm  h«ttik».i^ f<|«d«]V  fWW^tftf otijain  IflPl^  each ;  there 


m^^' 


I'M 


0' 


(   **^  ). 

wore  ako  54QO  anJ  floao  doie*  «f  caitridgct  liar  BMnqtta 

— -^iiere  were,  i  think,  48  barreU  in  the  fort  ad.  At  mmm^ 

ing  of  the  tSiiL    I  mmt  Ccplnii  MnSk  on  tint  motsHlbg^- 

ter  the  men  were  liilled.  General  Hull  being  neir  tile  |^tti^ 

tilce  ii  ditty  tolrclilo  &lu  »  ft|g  of  tmoe  tin  ott.of/the 

boarding  pikes,  which  I  th0i%iktildo  dtfl^ )  h^  tkea  bfooj^ 

ant  »  taUe-iskMi  oi'   n  sheet,  urtiidk  I  lioilgi^  w^d 

be  too  large,  and  said  it  should  not  go  lip^  ieHie  JfBieAeito 

cnaa^iBiiitbekM^ered,  aod.the  flnentjr  nitgkt  mfpa»t*mi 

had  surrendered.    This  pikUd  m M»  GetteiMl  i&tt^llap 

he  JBiist  IwMJ  heard  the^^  rlrlMdaf  It  t  he,  luntmtf^^, 

noihtngtftCa|ltean  Aerteal  hoist^  it  ouiotm  at  the '  )Jfa^) 

General  Hettiwasvleainag  uk  tbcf  side  bf  the.  {^stt 

enen^r^  atadia  a^eecoK  patt  csaipt  igi^t  shells. 

some  days  before  die  amiiy  re-crossed, "^ifl^ii  Bti 

the  deput^^dositrficler^  to  a  slere 

o£  the  anagr^  and  SMKi  ,eiid^ti«i^i 

and  300  battels  offl6ur,^48  b«w)itt# 

mis  of  salt  hee^  andfO  bemlt 

key  of  the  store  at  «|^'  f 

coUple  kH  unfgen  loads  tekea 

lke.aiirt^adttr«-4h>^  dMiiB^Jiatre 

get  the  key  in  tAy  absence.    Theit;''^#diie  iiaj§ik 

«tf  flour  brought  ihece  before  tlii  'icmimktiSmki  t^*^ 

was  furnished  itm^  ism»  m^mJMfliM^I^^^ 

Baird  and  I  cbtuited  these  prdvi^: 

have  Itins^idied  salt:  fvttvislmi 

ne^  HtiH,  I  ddak,  told  lar  of  mmm^0>m  ^^  W 
the  Canaf^^idQt  which  lv»  put  u^  my^tiMtfgl^^j^ti^ 
was  an  old  nm  v^ho  caiie  i«i«lir  Aeli^  ^l^filrliiar 
Some  of  t^m  werefi|lie«ii^  the^  l)ti(llb  iitiliili 
knowledge,  reparts:  fif  the^i  heiof  aoa^  i^  «i0  #e?f 
-..seeae  of  tlwni  niece  IIUeAfe^be^itoM^^aMll^f^^ 
to  Oett^  in  1797,  ind  «9  s^aer^yjaeipli^t^  %|i$^ 
country!  If  the^ftoyisioQe  oejulf^Ia^l^^ 

'■■■■'■■'••    '-'i' .;c,!  ■■. ■  ,»'^-<'  Sift-'  -  '■'   '  ,  .■  «p^^' 


A 


\-i^.A 


'A 


Is 


^.  i 


^aff 


(    iw    ) 

the  other  resources  of  the  country,  the  army  might  have 
been  subsisted  for  2  months.  There  were  large  crops  of 
wldeat  in  1812. 


'tSdBkWf 

■^ 

Sfgjl 

r 

liiim 

&i~i^^ 

tffiAgk 

4^ 

'f'-'X:w0^ 

--'^^■A*4i 

mmm 

ctud^im 

ffi^»^|'?SlliB: 

^iw^ 

Questions  by  the  Court. 

d.  Did  you  see  General  Hull  iaiihe  fort  on  the  morning 
of  the  16th,  during  the  cannonade  ? 

A.  I  did. 

Q.  Did,  or  did  not,  the  situation  and  appearance  of  the 
general  induce  you  to  think  at  the  time  that  he  was  under 
the  influence  of  personal  fear  ? 

A.  It  did. 

Cross-examined  by  General  Hull. 

Q.  What  numbers  of  Ohio  militia  were  left  at  Detroit 
when  the  army  crossed  into  Canada? 

A.  There  were,  I  think,  68  in  the  fort  who  refused  to 
cross.    I  do  not  know  how  many  were  in  the  town. 

Q.  Do  you  know  whether  I  made  any  exertions  to  have 
&e  carriages  for  the  cannon  repaired  ? 

A.  I  do.  I  saw  General  Hull  frequently  before  sun 
up  in  the  morning :  he  was  active  in  his  exertions  for  that 
purpose. 

Q.  If  the  army  had  been  confined  to  the  town  and  fprt 
of  Detroit,  could  the  resources  of  the  country  have  been 
collected  which  you  speak  of?  and,  if  the  provisions  had 
been  uken  for  the  army,  would  it  not  have  left  the.inhabi- 
tants  destitute? 

A.  If  they  were  confined  they  could  not— the  inhabi- 
tants would  not  have  suffered  for  two  months. 

Q.  While  you  were  at  Detroit  were  there  not  large 
quantities  of  beef  and  pork  brought  from  Ohio  ? 

A.  There  were.  It  was  not  all  purchased  by  the  inha- 
bitants—Some  by  M'Intosh  and  Patterson,  Indian  traders, 
Md  other  persons  on  the  Canada  side  of  the  river. 

U 


(  14*  ; 


l^he  Court  adjourned  until  Mondui^,  at  lu  ai'dovk* 


3Ut  Day,     Mondat/y  7th  March^  i8l4. 

The  Court  met  pursuant  to  adjournment,  ail  t/ie  memiera 

present. 
Gen.  Hull  read  the  proceedings  o^  a  council  of  war  h«ld 
at  Detroit  on  the  9th  of  July,  1812,  and  an  accocmt  of  the 
quantity  of  the  respective  kinds  of  provisions  then  on  hand, 
which  was  admitted  by  the  Judg^;  Advocate,  vi« : 
125,000  rations  of  flour, 
^0,666     do.    of  meat, 
150,000    do.    of  candles, 
1 10,000    do.  of  Whiskey,  * 

300,000  do.  of  soap, 
ia,800  do.  of  vinegar. 
Also  an  order  on  the  contractor  for  2000  tationa  com- 
plete for  Colonel  Miller's  detachnteat,  on  the  10th  of  Au- 
gust, 1812,  out  of  which  the  detacWent  brought  back 
1919  rations  of  flour,  533  do.  of  meat  and  8;96,  ^6.  bf  #hi»< 
key.  Also  an  order  on  t!ie  contractor  of  ^e  9th  of  Au- 
gust, to  issue  to  the  detachment  under  Cok)ne\  Milfer  600 
rtaions  of  flour  and  pork,  and  1200  do.  of  whi»Ijey,  to  be 
taken  by  Colonel  M'Arthur—indorsed  *' delivered  413 
lbs.  of  flour,  6oo  rations  of  bread,  600  ditto  of  ^at  1300 
do.  whiskey." 


^n^D 


Provisions  on  hand  at  Fort  Detroit  on  the  28f/i  ^vfy,  tai3. 
ro,000  rations  of  flour, 
21,000    do.  of  salted  meat, 
150,000     do.  of  whiskey. 
I  certify  that  the  above  statement  was  handed  to  General 
Hull  by  my  order,  containing  the  provisions  in  the  con- 
tractor's store. 


ihfil«#f 


(      H5      ) 

C^'Sned)  D^yjj,  Beard, 

Contractor's  Agent. 
General  Hull  stated  that  he  had  no  evidence  to  adduce 
but  what  was  by  way  of  depo.itiow  taken  out  of  court  W 
consent  of  the  Judge  Advocate,  and  therefore  requested 
time  to  make  his  defence,  which  he  would  do  by  Friday 

next,  until  which  time  the  Court  accordingly  adjour.^ed,  ti 
meet  at  10  o'clock,  j  «  -  **»«» 


jikifriot,*,,  iiSdDay,    Friday  lUh  March^  \%U, 

The  Court  met  pursuant  to  adjournment,  aUthe  Memiers 

present. 

General  HuU  appeared  with  his  counsel,  and  r^juested 

fcrther  tmie  might  be  allowed  him  to  prepare  his  defence  i 

upon  which  the  Court  adjourned  vmtil  Tuesday  next,  the 

tstii  Jnst.  at  lOoMock.,  ,  '        *  ^^ 

^«.tf  mj^m^vi  .  /'^^^-  .  T'aw'^e^,  16th  March,  1^4. 

«.  ,Genj«»l  Hull  commenced  deliyering  l>is  defence,  irfaklk 
^  Jhe  read  unul  2  o'clock,  when  he  requested  that  the  Court 

,^l^^^^^^m^^^.yfyiic\iy,2^  done  until  to<«,m,w  ^ 
11  o'clock. 


»4tfA  Day,    Wedttesday,  tm  March,  1814. 

The  Court  met  pursuant  to  adjounmmt,  all  the  Member^ 

.  present. 

The  affidavit  of  Captain  HuU  was  read  in  evidence^ 
ter  which  General  Hull  continued  to  read  his  de- 
leace. 


C    156    ) 


CThe  Court  adjourned  until  to-morrow  at  It  o'clock,^ 


^Hi 

m 

W^m 

HP 

ffi 

H 

fl 

■ 

'^^■i^^Hri 

■1 

>'^^^m9Bu:'  i 

^■H 

'.^^BaEBS 

^Hfl 

jMM 

11 

w§ 

II 

m 

35th  Day,     Thursday^  ITth  March  1814. 

The  Court  met  pursuant  to  adjournment,  all  the  Members 

present. 
General  Hull  continued  to  read  his  defence. 

fThe  Court  adjourned  until  to^morrow^  af  11  o'clock,  J 
ZQth  Day,    Friday^^mh-MtrchyJlSiiA* 


The  Court  met  pursuant  to  adjournment,  allkhe  Memh&m\  dl 

present,  •    5^'*^'' 

General  Hull  closed  hi^  46fence :  whereujpon  therC^jtiri;'*  '^ 
after  deliberation,  determined  to  hear  the  Special  ly4ge  ^i^- 
Advocate  in  reply,  which  he  stated  he  could  not  do  ibefo|e>'  ^(t^ 
Wednesday,  the  23d  inst.  to  which  time  the  Court  a^-;]f  *| 
joumed,  to  meet  at  11  o'clock.  ^iir* 

Z7thDay,    Wednesday,  2^d  Ma$ThftB14.        :        4tit;i 

The  Court  met  pursuant  to  adjournment,  whence  S|K^   i\f 
cial  Judge  Advocate  delivered  a  speech  of  Cottiideinibtlf  :^' S 
length,  in  application  of  the  evidence  on  the  pan  of  the  fo^i^f^ 
secution,  after  which  the  Court  adjourned  until  to*iatotow       i 
at  10  o'clock. 

$%thDay.     Thursday,  24,th  March,  1814, 

The  Court  met  pursuant  to  adjournment  and  had!  all  iht  r 
proceedings   read.    A  question  had   previously  arisen,   *  *' 
whether  the  doors  shotild  be  closed.    It  was  deteriAincd 
that  the  citizens  might  be  present. 

fFor  the  Charges  against  Gen,  Hull,  and  the  further  prO' 
ceeSngs  of  the  Court,  see  thefoUoxving  Appendices, 


Appendix. 


^e  United  States  of  America,   i 

.    .  against  I 

Brigadier  General  William  Hull.  J 

Charges  exhiUted  against  Brigadier-General  WILLIAMHULL; 
of  ike  Army  of  the  United  States,  by  order  of  the  Secretary  of 
War,  viz."- 

I.  CHARGE. 
TREASON  against  the  United  States,  between  the  ninth  f/t 
April  and  the  seventeenth  of  Augustj  one  thcusand  eight  hnn-< 
tfred  and  twelre. 

FIRST  SPECIFICATION". 
In  thii^That  on  the  first  day  of  Jul/,  in  the  yaar  one  thou- 
land  ei^t  hundred  and  twelve,  before  that  time  and  ever  since.' 
an  ^eiR  land  |t^9blie  war  was  and  is  yet  carried  on  and  preseentaA 
by  aiid^lbet.ween  the  United  States  of  America  and  their  territo- 
ries,^«fidlhe  United  Kingdom  of  Great  Britain  and  Ireland  ku^ 
the  dqM«d«n«i«i  thiireef :  And  that  William  Hull,  a  brigadier-' 
t?"*'iliV|^  aPWr  of  the  United  States,  a  citizen  of  the  said 
Vmtfi^'StalH  owing  allegiance  to  the  said  United  States,  anil 
late  Commander  df  tho  north-Westerft  army  of  the  said  Unitedl 
States,; well  knowing  the  prenliaes^  and  traitorously  and  unlaw-' 
fally  designini^  and  eoiitriving  to  send  andeonvey  intelligenee  to 
the  said  enemies  of  the  said  United  States,  touching  a  declara- 
tion  o%f|lrs^fi4h«  said  United  States  against  the  said  United 
King^DI  1^  Great  Britain  and  Ireland  and  the  dependeneiea 
thereof,  kiidalso  touching  the  expedition  on  which  the  said  north 
westerilBiiiy,  under  his  e((mmand  as  aforesaid,  was  employed* 
and  ai«»^  tnuefaing  the  iiumberg,  state  aud  condition  of  the  said 
torth'western  army,  in  prosecution  of  the  said  traitorous  and 
unlawful  dtsign,  on  the  said  first  day  of  July,  in  the  year  afore- 
liaid,  at  the  Rapids  of  the  river  Miami  of  the  lake,  m  the  Ter* 
jbitory  of  Michigan,  (the  said  William  Hull  then  and  there  beinr 
fe  brigadier-geueral  in  the  army  of  the  United  States,  and  being 
then  ami  there  the  commander  of  the  said  norlh*westem  armr 
as  afoEesaid,)  did  traitorously  hire,  or  cause  to  be  hired,  an  un-> 
anaed  vessel,  with  the  pretended  purpose  of  transporting  therein 
Certain  sick  soldiers,  and  the  principal  part  of  the  hospital 
stores  belonging  to  the  said  north-western  army,  from  the  said 
Rapids  of  the  river  MianHiofthe  Lake  to  Detroit,  in  thrsaid 
territorv  of  MifthiapAn.  hut  in  tnifli  traitai>nn«lv  A».»«_:«r:«<.  _.>j 

intending,  that  the  said  unarmed  vessel,  together  with  all  per- 
sois,  papers  and  things  put  Qn  board  thereof  should  he  «aptur«di 

1 


t 


if  the  cncuiics  of  tho  said  United  States,  on  the  passage  of  t66 
said  unarmed  vessel  from  the  said  Rapids  of  the  Miami  of  tho 
Lake  to  Detroit  aforesaid,  in  th^  territory  of  Michigan  afore- 
said :  And  that  the  said  William  Hull,  in  the  further  prosecution 
of  his  said  traitorous  and  unlawful  design  and  contrivance,-  (being 
then  and  there  a  brigadier-general  iu  the  army  of  the  United 
States  as  aforesaid,  and  being  then  and  there  commander  of  the 
said  north-western  army  as  aforesaid)  did  then  and  there  trai- 
torously put,  or  traitorously  cause  to  be  put  oa  board  of  the  said 
nnarmed  vessel,  a  trunk  containing,  (among  other  things,)  the 
o:9\cial  correspondence  of  the  secretary  for  the  department  of 
war  and  the  said  brigadier-general  William  IIuH,  as  well  touch- 
inj;  the  expedition  on  which  the  said  north-western  army  under 
iiis  command  was,  as  aforesaid,  then  employed,  as  touehing  ft 
declaration  of  war,  by  the  said  United  States,  against  the  siid 
United  Kingdom  of  Great  Britain  and  Ireland,  and  the  depen- 
dencies thereof,  and  also  certain  official  muster-rolls,^ reports, 
ami  returns  of  the  numbers,  state  and  condition  of  the  said  north- 
western army,  under  his  cofrtmand  as  aforesaid  :  And  that  after- 
wards, to  wit,  on  the  second  day  of  July,  in  the  year  aforesaid, 
the  said  unarmed  vessel,  so  as  aforesaid  traitorously  hired,  or 
caused  to  be  hired,  by  th^  said  brigadier-funeral  William  HuM^ 
on  its  passage  from  the  rapids  of  the  Miami  of  the  lake  to  Detroit 
aforesaid,  was  captured  by  the  said  enemies  of  the  United^States, 
having  on  board  thereof,  at  the  time  of  the  (capture,  the  said  traidc 
containing  the  said  correspondence,  as  well  touchin^the  said!**- 
pedition  as  the  said  declai-ation  of  war,  and  the  said  offietal  nmiiter- 
ipolls,  reports  and  returns  of  the  numbers,  sftate  And  eonditUii  »f 
the  said  north-western  army,  (together  with  eertain  siekioMitb, 
and  the  principal  part  of  the  hospital  stores  befongiikgto  thcfsiifd 
north-western  army) :  And  that  by  mean«  of  the  said  captate, 
4nd  in  fulfilment  of  the  said  traitorous  and  unltiwfal  dettign^  iBMi- 
trivance  and  intondment  of  the  said  Brigadier  General  WiHilMn 
Hull,  the  said  correspondence,  as  well  touching  the  said  exp<e- 
dition  as  touching  the  said  declaration  of  war  and  the  said  «]m- 
cial  muster  rolls,  reports  and  returns  of  the  number,  state  and 
condition  of  the  said  north-western  army,  (together  with  certain 
sick  soldiers,  and  the  principal  part  of  the  hospital  stores  of  the 
Said  north-western  army)  came  to  the  possession,  knowledge 
and  use  of  the  enemies  of  the  said  United  States,  ervine  infdr- 
matieu  and  intelligence  to  the  enemies  of  th«  said  UnitedStates, 
as  well  touching  the  said  expedition,  as  ttuching  the  ^aid  dec- 
laration of  war,  and,  also,  touching  the  numbers,  state  and  evti- 
diiion  of  the  said  north-western  army  of  the  said  United  States, 
then  aad  there  under  the  command  of  the  said  Brisadier  General 
William  Hull  as  aforesaid:  Whereby  the  said  William  Hull, 
Ctn  the  said  first  day  of  July,  in  the  year  aforesaid,  at  the  Rapids 
<)f  the  river  Miami  of  the  Lake  aforesaid,  in  the  territory  of  Mi- 
chigan aforesaid,  (being  then  and  there  a  brigadier-general  in 
the  army  of  the  United  States,  and  being  then  and  there  com- 


d 

jnander  of  the  said  north-western  army  as  aforesaid,  and  b»in"- 
then  and  there  a  citizen  of  the  said  United  States,  owing  alle*^ 
gmneetothe  said  United  States,)  did  then  and  there  traitoronslv 
and  unlawfiiUy  hold  correspondence  with,  and  give  intellieence 
to,  the  enemy,  and  did  then  and  there  traitorously,  by  the  means 
aforesaid,  adhere  t«  the  enemies  of  the  said  United  States,  arivinc 
them  aid  and  comfort.  **       ° 

SECOND  SPECIFICATION. 
And  also  in  this  :  That  afterwards,  and  during  the  said  war, 
so  as  aforesaid  carried  on  and  prosecuted  by  and  between  the 
said  United  States  of  America  and  their  territories,  and  the  said 
United  Kingdom  of  Great  Britain  and  Ireland  and  the  depen- 
dencies thereof,  the  said  north-western  army  of  the  said  United 
States,  under  the  command  of  the  said  brigadier-general  Wil- 
liam Hull  as  aforesaid,  having  entered  the  British  province  of 
Upper  Canada,  and  having  established  a  military  post  at  or  near 
Sandwich,  in  the  said  British  province  of  Upper  Canada,  which 
it  was  the  duty  of  the  said  brigadier-general  William  Hull  to 
maintain,  in  order  that  the  said  war  might  and  should  be  adrau- 
tageo^sly  carried  on  and  prosecuted,  inbehalf  of  the  said  United 
States,  and  more  especially  that  a  certain  British  fort  called 
Maiden,  otherwise  called  Amherstberg,  in  the  said  British  pro- 
vinee  ef  Upper  Canada,  occupied  by  the  enemies  of  the  said 
Ujpited  States,  might  and  should  be  advantageously  attacked  and 
taken,  by  the  said  north-western  army  of  the  said  United  States, 
under  the  command  of  the  said  brigadier-general  William  Hull, 
as.iUWresaid :  Yet  the  said  William  Hull,  (a  brigadier-general  in 
4he  urmy  of  the  said  United  States,  a  citizen  of  the  said  United 
•  i^tatfig,  owin^  allegiance  to  the  said  United  States,  and  comraan- 
der  9f  the  said  north-western  army  of  the  said  United  States  as 
^aforesaid,)  well  knowing  the  premises,  on  the  eighth  day  of  Au- 
piot,  in  the  year  one  thousand  eight  hundred  and  twelve,  at  Sand- 
meh  aforesaid,  in  the  British  province  of  Upper  Canada  afore- 
said, did  then  and  there  traitorously  and  unlawfully  conspire  and 
combine  with  certain  enemies  of  the  said  United  States,  (whose 
names  are  unknown,)  to  quit  and  abandon,  to  the  enemies  of  the 
paid  United  States,  the  said  military  post,  established  by  the  said 
north  western  army  of  the  said  United  States,  at  or  near  Sand- 
wich aioresaid,  in  the  British  province  of  Upper  Canada  afore- 
said, and  to  prevent  the  said  British  fort  called  Mulden,  other- 
wise called  Amherstberg,  from  being  attacked  and  reduced,  or  an 
Attempt  being  made  to  reduce  the  same,  by  the  said  north-wes- 
tprn  army  of  the  said  United  States,  under  the  command  of  the 
said  brigadier-general  William  Hull  as  aforesaid  :  And  that  the 
said  brigadier-general  William  Hull,  (then  and  there  being  a 
brigadier-general  in  the  army  of  the  said  United  States,  then  and 
iherc  being  commander  of  the  said  north-western  army  of  the 
said  United  ?;f tales,  and  then  find  lljiere  being  a  citizen  of  the  sai^ 


#. 


Uttited  Statef «  owinK  allegiane*  to  th«  said  United  States,)  in 
prMeeution  of  tke  laid  traiteroafi  conipiracv  and  combination,  did 
then  and  there  traitoronily  quit  and  abandon,  and  did  then  and 
there  traitorously  cause  to  he  quitted  and  abandoned,  the  said 
military  post,  established  by  the  said  north-western  army  of  the 
said  United  States  as  aforesaid,  at  or  near  Sandwich  aforesaid/ 
in  the  British  province  of  Upper  Canada  aforesaid,  and  did  then 
and  there  traitorously  neglect  and  omit  to  make  the  proper  prepa- 
rations for  attacking  and  reducing,  or  attempting  to  reduce  the 
said  British  fort  called  Maiden,  otherwise  called  A.j|herstberg, 
and  did  then  and  there  traitorously  prevent  the  said  British  fort 
called  Maiden,  otherwise  called  Xmherstberg,  from  being  at* 
lacked  and  reduced,  or  an  attempt  being  made  to  reduce  the  same, 
hy  the  said  north-western  army  of  the  said  United  States,  thdn 
and  there  nnder  his  command  as  aforesaid  :  And  in  farther  pro- 
secution of  the  said  traitorous  conspiracy  and  combination;  did 
then  and  there  traitorously  march,  withdraw  and  remove)  aii^ 
traitorously  order  to  be  marched,  withdrawn  and  removed,  the 
said  north-western  army  of  the  said  United  States,  from  the  said 
Military  post,  established  by  the  said  north-western  army  of  the 
said  United  States  at  or  near  Sandwich  aforesaid,  to  a  place 


year  one  thousand  eight  hundred  and  twelve  aforesaid,  fit.  8§nd- 
wich  aforesaid,  in  the  said  British  province  of  Upper  CaJ9^(|[») 
(being  then  and  there  a  brigadier-general  in  th^army  ef  tbf jffiS 
United  States  and  being  then  and  there  commander  of  ^ikaaaM 
north-western  army  of  the  said|  United  *5tate8,  and  being  |Ji^.ai,| 
there  a  citizen  of  the  said  United  States,  owing  aUcgianeetttliu^ 
said  United  States,)  did  Uien  and  there  traitorously  ewspire 
combine  and  hold  correspondence  with  the  enemies  of  the  salj^ 
United  States,  and  did  then  and  there  traitorously  and  s^ban^-t 
fully  quit  and  abandon,  and  traitorously  aud  shamefully  eaqse 
to  be  quitted  and  abandoned,  the  said  military  post,  so  as  a,tor^' 
said  established  by  the  said  north-western  army  of  the  said  Uni- 
ted States,  at  or  near  Sandwich  aforesaid,  in  the  said  British 
province  of  Upper  Canada  aforesaid,  and  did  then  and  there 
traitorously  neglect  and  omit  to  make  the  proper  preparatiqas 
for  attacking  and  reducing  or  attempting  to  reduce,  the  said. fort 
called  Maiden,  otherwise  called  Aniherstberg,  iu  the  said  pro- 
vince of  Upper  Canada  aforesaid,  and  did  then  and  there  trai- 
torously prevent  the  said  British  fort  called  Maiden,  otherwise 

palledAmherstbcrg,  in  (he  saidBritish  province  of  Upper  (Danada, 
from  being  attacked  and  reduced,  or  an  attempt  being  made  to 
reduce  the  same,  by  tlie  said  north  western  army  of  the  said  Uni^ 
led  States,  under  his  command  as  aforesaid,  and  by  the  mcanii 


aforesaid  did  then  and  there  traitorously  adhere  to  the  cnemie^ 
cf  said  Uaiicd  States,  giving  them  aid  aud  coiuiort. 


THIRD  SPECIFICATION. 
And,  aho,  in  this:  That  afterwards,  and  during  the  said  war 
I?  V  f  ef  f  *^  T?^^  °?  *"^  prosecuted  by  and  between  the  said 
United  States  of  America  and  their  territories,  and  the  said 
United  Kingdom  of  Great  Britain  and  Ireland  and  the  depen. 
dencies  thereof,  to  wit,  on  the  sixteenth  day  of  August,  one  thou- 
sand  eight  hundred  and  twelre,  aforesaid,  at  Detroit  aforesaid, 
in  the  Michigan  territory  aforesaid,  the  said  William  Hull  was 
then  and  there  a  citizen  of  the  said  United  States,  owing  alle- 
giance to  the  said  United  States,  and  was  then  and  there  a  brie- 
adier-general  ,n  the  army  of  the  said  United  States,  and  wis 
it  ?♦  aJ?""^  commander  of  the  north-western  army  of  the  said 
United  Stipes,  and  was  <ben  and  there  commander  of  a  certain 
fort  called  Fort  Detroit,  belonging  to  the  said  United  States,  erec- 
ted at  and  near  the  town  of  Detroit,  upon  a  bank  of  the  river  De- 
troit, in  the  said  territory  of  Michigan,  the  works  whereof,  and 
the  guns  and  gun  carnages  belonging  thereto,  then  were,  and  Ions 
bfefore  had  been,  deeayej,  dilapi^kted  and  out  of  repair:  And  thf 
jaid  B.  Gen  Wm.  Hull  then  and  there  did  traitorously  conspire  and 
ibmbme  with  certain  enemies  of  the  said  United  States  (whose 
names  are  unknown)  then  and  there  traitorously  and  shamefullv 
to  svrrender  and  abandon  to  the  enemies  of  the  shid  United  8tate% 
the^Jid  fort  called  Fort  Detroit    belonging  to  the  ^^id  T^Jued 

i^iii?  "^e^^'S^'  *"?  IS??,.**"*  ^.V"*  »"^«^  **»«  command  of  the 
«^M  Bngadier  General  William  Hu  1  as  aforesaid,  with  all  thl 

St*  3lii  "*»*^"SJ^'«'-»«e!:»l  Wm.  Hull  as  aforesaid,  and  all 
SSi^  ^ii'^"J*^>'Z?.''  *"^  ''"  P"^""  documents,  including 
^&w^ilSf.fP''5'**' ".**"'■''  appertaining  to  the  said  fort 
?^^T*^?1?!*r*' ''"?  *°  *^  "^'^  north-western  army  of  tha 
SS  .*^Mr  **»'  »"^*''i*'®  eomraand  of  the  said  Brigadier 
General  William  Hull  as  aforesaid  :  And  that  in  prosecution  of 
the  «"d.t™lto™"f.  conspiracy  and  combination,  the  said  Briga- 
dier-General  William  Hull  did  then  and  there  wilfullr  and  trai- 
tdrnusly  nealect  and  omit  to  repair  and  strengthen  the  works  of 
the  fort  cafled  Fort  Detroit,  then  and  there  under  his  command 
as  aforesaid,  and  to  put  the  same  (together  with  the  said  suns 
and  gun-carnages  belongina- thereto)  into  a  proper  state  and  con- 
dition  for  resistance  and  defence  against  the  approaches,  attacks 
atid  assaults  of  the  enemies  of  the  said  United  States;  and  did 
then  and  there  wilfully  and  traitorously  neglect  and  omit  to  for- 
tify the  places  and  passes  at  and  near  to  the  said  fort  called  Fort 
Detroit,  by  and  through  which  the  troops  of  the  enemies  of  the 
gaid  United  States  might  then  and  there  reasonably  be  expected 
to  approach,  and  o id  approach,Jhe  said  fort  called  Fort  Detroit, 
for  the  purpose  of  attacking  and  subduing  the  same ;  and  did  then 
and  there  traitorously  neglect  and  omit  to  oppose,  resist  and  re- 

_ —  t^.  Mirciijpi  lu  icjici  ana  acieai,  me  iroops  of 

the  enemies  of  the  said  United  States,  in  their  hostile  prepara- 
tions and  approach  to  and  towards  ^he  s^iid  fort  called  Fort  De- 


6 

troit,  for  the  porpose  of  attacking  and  subdiiine  the  same :  And 
that  in  the  further  prosecution  and  completion  or  the  said  traitor- 
ous conspiraey  and  combination,  the  said  brigadier-general  Wil- 
liam Hull  did  then  and  there  traitorously  and  shamefully  aban- 
don and  surrender  the  said  fort  called  Fort  Detroit,  then  and  there 
under  his  command  as  aforesaid  (which  it  was  his  duty  then  and 
there  to  maintain  and  defend)  tot^ethcr  with  all  the  troops,  as 
welt  regulars  as  militia,  then  and  there  in  the  said  fort  called 
Fort  Detroit,  then  and  there  belonging  to  the  said  United  States 
as  aforesaid,  and  then  and  there  uudcr  his  command  as  aforesaid, 
and  all  the  public  stores  and  arms,  and  public  documents,  inclu- 
ding every  thing  else  of  a  public  nature,  in  and  appcrtainiuj;  to 
the  said  fort  called  fort  Detroit,  and  to  the  said  north-western 
army  of  the  said  United  States,  then  and  there  under  his  com- 
mand as  aforesaid,  unto  the  enemies  of  the  said  United  States,  to 
Tvit,  to  the  British  forces  then  and  there  under  the  command  of 
major-general  Brock:  Whereby  the  said  William  Hull,  on  the^ 
said  sixteenth  day  of  August,  in  the  year  one  thousand  eight  hun- 
dred and  twelve  aforesaid,  at  Detroit  aforesaid,  in  the  territory;, 
of  Michigan  aforesaid,  (being  then  and  there  a  citizen  of  the  said 
United  States,  owing  allegiance  to  the  said  United  States,  wad 
being  then  and  there  a  brigadie\  ^  ?neral  in  the  army  of  the  saiilt 
United  States,  and  being  then  and  there  commander  of  the  said-: 
north-western  army  of  the  said  United  States,  and  being  then  and 
there  eommander  of  the  fort  called  Fort  Detroit^  belonging  to 
the  United  States  as  aforesaid,)  did  then  and  there  traitorou^y 
and  shamefully  abandon  and  surrender  the  said  fort  called  Fort 
Detroit,  to  the  enemies  of  the  said  United  States,  to  wit,  to  the 
»aid  British  troops  under  the  command  of  major-general  Brock 
as  aforesaid,  and  did  then  and  there,  by  the  means  aforesaid^ 
traitorously  adhere  to  the  enemies  of  the  said  United  States,  giv;T 
ing  them  aid  and  eomfort. 


II.  CHARGE. 

COWARDICE,  at  and  in  the  neighbourhood  of  Detroit,  be- 
tween the  first  day  of  July  and  the  seventeenth  day  of  August, 
in  the  year  one  thousand  eight  hundred  and  twelve. 

FIRST  SPECIFICATION. 

In  this — That  during  the  said  war  so  as  aforesaid  carried  on 
and  prosecuted  by  and  between  the  said  United  Slates  of  Amer- 
ica and  their  territories,  and  the  said  United  Kingdom  of  Great 
Britain  and  Ireland  and  the  dependencies  thereof,  the  said  Brigr 
adier-General  William  Hull  then  commanding  thenorth-wtstern 
armyof  the  said  United  States  as  aforesaid,  having  entered  the 
said  British  province  of  Upper  Canaila,  in  prosecution  of  the  said 
>var  on  behalf  of  the  said  tfnited  States,  and  being  there  in  pos- 
session of  the  town  of  Sandwich  ana  ihe  uiljuceut  coiiniry,  in  lU<c- 
uame  and  cu  behalf  of  the  United  Suites,  and  having  dec|ftrc4 


aj;!  avowed  the  object  and  intention  of  attacking  and  subduius 
the  British  fort  called  Maiden,  otherwise  called  Amberatberc,  in 
the  said  British  province  of  Upper  Canada,  and  trenerally,  of 
maintaining  and  e.ilari^inaf  his  position  and  possession  in  the  said 
British  province  of  Upper  Canada,  on  the  eight  day  of  Auaust, 
in  the  year  one  thousand  eight  hundred  and  twelve,  at  Sandwich 
aloresaid,  in  the  British  province  of  Upper  Canada  aforesaid, 
did  then  and  there  misbehave  himself  before  the  enemy,  and 
iihametully  manifest  an  undue  fear  and  apprehension  of  danger, 
by  a  course  of  conduct  and  conversation  evincing  personal  alarm, 
agitation  of  mind  and  privation  of  judgment ;  by  abandoning  the 
said  object  and  design  of  attacking  the  said  British  fort  called 
MalUen,  otherwise  called  Amherstberg,  by  quitting  tlie  position 
and  possession  taken  at  the  town  of  Sandwich  and  in  the  adjaeenf; 
country,  m  the  said  British  province  of  Upper  Canada  as  afore- 
said, and  hj  retreating  abruptly  from  and  out  of  the  said  British 
province  ot  UpfMsr  Canada,  to  Detroit,  in  the  territory  of  Michi- 
gan aforesaid,  without  any  cause  for  so  doing  arising  from  the 
superior  numbers,  state  and  condition  of  the  British  forces  which 
were  then  aud  there  opposed  to  the  said  army  of  the  United 
|tateg,  under  the  command  of  the  said  Brigadier  General  Wil- 
liant  Hull,  and  without  any  other  just  and  sufficient  cause  what- 
aoever:  Whereby  the  officers  and  soldiers  of  the  said  north- 
#e»tera  army  of  the  said  United  States,  then  aud  there  under  the 
eommand  of  the  said  Brigadier-General  William  Hull,  were  in- 
4fteedto  lose,  and  did  lose,  all  confidence  in  the  personal  courage 
and  the  military  capacity  of  the  said  commander;  the  inhabi- 
tants of  the  said  British  province  of  Upper  Canada  were  taught 
t^distrLst  the  power  and  professions  of  the  invading  general;  a 
shade  was  east  upon  the  reputation  of  the  American  arms,  aud 
th5  service  of  the  said  Ifnited  States,  in  the  prosecution  of  thft 
said  war,  suffered  great  detriment  and  disadvantage. 

SECOND  SPECIFICATION. 
And,  also,  in  this :  That  during  the  said  war  as  aforesaid 
carried  on  and  prosecuted  by  and  between  the  said  United  States 
«J  America  and  their  territories,  and  th»*  said  United  Kingdom 
•fOreat  Britain  and  Ireland  and  the  dependencies  thereof,  to 
wit,  on  the  Gueciit;.  Jay  of  August,  one  thousand  eight  hundred 
and  twelve  aforesaid,  the  enemy  having  raised  certain  batteries 
on  the  bank  of  the  said  river  Detroit,  in  the  said  British  province 
pf  Upper  Canad^^  opposite  to  the  said  Fort  Detroit,  and  certain 
American  posts  and  batteries  established  and  erected  near  to  the 
said  Fort  Detroit,  in  the  said  territory  of  Michigan,  and  a  can- 
nonade being  commfneed  from  the  said  batteries  of  the  enemy 
against  and  upon  the  said  Fort  of  Detroit,  aud  the  said  American 
posts  and  batteries  tsstablished  and  erected  near  thereto,  in  the 
said  territory  of  Michigan,  the  said  Brigadier-General  William 
^xuA,  on  the  said  riftccnth  day  of  August,  in  Uieyear  one  thousand 
ei^ht  h  indred  and  twelve  aforesaid,  at  Detroit  aforesaid,  in  the 


territory  6f  Miehigan  aforesaid,  (beiug  then  and  there  eommatldJ 
er  of  the  aaid  fort  called  Fort  Detroit,  and  of  the  laid  Amerieaii 
posts  and  batteries  established  and  erected  near  thereto,  in  the 
said  territory  of  Michigan,  and  being  then  and  there  eommandef 
uf  {he  said  north-western  army  of  the  said  United  States)  did 
thiQ  and  there,  during  the  continuance  of  the  cannonade  afore* 
saici,  shahiefHUy  misbehare  himself  before  the  enemy,  and  mau' 
ifest  ^i-eat  fear  and  apprehension  of  personal  dancer,  by  a  course 
of  conduct  and  conversation  evincing  personal  alarnii,  agitation 
of  mind  and  privation  of  judgment :  and  particularly  by  varioua 
timid  and  cowardly  actions  and  expressions,  then  and  there  used 
alid  uttered,  in  the  presence  of  the  officers  and  soldiers  then  and 
there  belonging  to  the  said  north  western  army  of  the  said  United 
States,  then  and  thereunder  his  command  as  aforesaid,  as  w'elliii 
&  public  street  ef  the  town  of  Detroit,  as  in  places  adjacent  MUhi 
said  fort  of  Detroit,  and  the  said  pests  and  batteries  estabKsieo^ 
and  erected  near  thereto,  in  the  said  territory  of  Mieliigan : 
Whereby  a  fatal  encouragement  was  afforded  fbr  the  hosttre  en^ 
terprizes  ef  the  enemy;  a  pernicious  example  (calealated  to^  in" 
timidate  and  to  disorganize)  Tvas  given  to  th«  American  troops,^ 
and  the  service  of  the  United  States,  in  the  prosecntidn  of  tli«f 
said  war,  was  exposed  to  hazard,  shame  and  ttisapptfintMent.  ' ' 
THIRD  SPECIFICATION. 


And,  also,  in  this :  That  during  the  said  war  carried., 911, J^i  „ 
proseeuted  by  and  botween  the  said  United  Stales  of  Apict;ri<»| 
aiid  their  territories,  and  the  said  United  Kingdom  of  CU'eat  j|rji,t 
tain  and  Ireland  and  the  dependencies  thereof,  ti^  wit,  op  iitg 
sixteenth  day  of  August,  in  the  year  one  thousand^aig^t  hnndjt^ 
and  twelve,  aforesaid,  the  British  forces  under  the  eonimand  ef 
Major  General  Brock,  having  crossed  the  said  river  Detroit, 
having  landed  at  a  place  called  Spring  Wells,  otherwise  ci|ilJl^ 
Spring  Hill,  in  the  said  territory  of  Michigan,  and  baying  thesfg 
marched  towards  the  said  fort  of  Detroit  with  the  design  io,M'»' 
tack  the  said  Brigadier  General  Hull,  on  the  said  sixteenth  4tf 
of  August,  in  the  year  one  thousand  eight  hundred  and  twel^rej 
aforesaid,  in  the  said  territory  of  Michigan,  aforesaid,  being  theik 
and  there- commander  of  the  said  Fort  of  Detroit,  and  being  then 
and  there  commander  ef  the  said  North  Western  army  ef  the  said[ 
United  States,  did  then  and  there  during  all  the  tii;  i>f  the  ene« 
my's  crossing  the  said  river  Detroit  as  aforesaid,  landing  at  the 
said  Spring  Wells,  otherwise  called  Spring  Hill,  as  aforesud^ 
and  marching  towards  the  said  Fort  Detroit  as  aforesaid,  with 
the  design  to  attack  the  same  as  aforesaid,  shamefully  uisbe^^ 
have  himself  before  the  enemy,  and  manifest  great  fear  and  ap- 
prehension of  personal  djEinger,  by  various  timid  and  cowardly 
actions  and  expressions,  then  and  there  uttered  and  used,  in  the 
presence  of  the  officers  and  soldiers  belonging  to  the  said  north" 
western  arsn*  of  the  said  United  Bta.tes-  (hen  and  there  under  his 
command  as  aforesaid  ;  by  avoiding  all  personal  danger^  from 


i  Am  er lean 
retO)  in  the 
commander 
States)  (Hd 
nade  afore- 
|r,  and  mau' 
by  a  course 
t,  agitation 
r  by  varioua 
I  there  used 
rs  then  an^ 
said  United 
I,  as  well  id 
leent  i&tlai 
estabKskeci' 
Mieliigaii: 
I  hostile  «n-! 
lated  !<►  inu 
lean  trootfi;^ 
tidn  of  tli^ 
latasent.     * 


led,  OH:  AH 
»f  Amejae^ 
areajtQrJii 
wit,  ppi^ 

onmand  of 
er  Detroit, 
viae  ci|lJi^ 
iriag  thesf  ft 
isiga  loat- 
Ueenth  day 
ind  tweUej 
» being  tfaeik., 
being  then 
•f  the  said 
dt  the  ene* 
ding  at  the 
afaresud; 
tsaid,  with 
rl'y  misbe<» 
liar  and  ap- 
1  cowardly 
ised,  in  the 
said  north" 
s  under  his 
iger^  from 


If 

ihaking  no  attempt  to  prevent  the  enemy's  crossinir  the  said  rivet 
Detroit,  and  landing  at  the  said  Spring  WeII«,  otherwise  called 
wpnng  Hill;  by  avoiding  all  personal  danger  from  reconoiter- 
ing  and  encountennK  the  enemy  in  tattle,  on  the  said  march  of 
the  enemy  towards  the  said  fort  of  Detroit;  by  hastily  sending 
flags  of  truce  to^he  enemy,  with  overtures  for  a  capitulation; 
by  anxiously  withdrawing  his  person  from  the  American  troops, 
mthe  open  field,  to  a  place  of  comparative  safety,  within  tihe 
walls  of  the  said  Fort  Detroit;  by  an  irresolute  fluctuation  of  or- 
ders, sometimes  inconsistent  with  each  other,  and  sometimes  inco- 
herent in  themselves ,  by  forbidding  the  American  artillery  to  fire 
o»  the  enemy,  on  the  said  march  of  the  enemy  towards  the  said  Port 
Detroit ;  by  calling  the  American  troops  from  the  field,  and  crow- 
ding theniinto  the  said  Fort  Detroit  while  the  enemy  was  on  the 
said  march  towards  the  said  Fort  Detroit ;  by  a  precipitate  decla- 
ratt^  to  the  enemy  that  he  surrendered  the  said  Fort  Detroit,  and 
the  aaid  north-western  army  of  the  said  tnited  States,  before  terms 
of  ^capitulation  were  signed  or  considered,  or  even  suRBested  ; 
4nd,  gp»n<rally,  by  a  course  of  conduct  and  conversation  Ivincinr 
penoti^  Jear,  citation  of  mind  and  privation  of  judirment: 
^hertby  the  saif  Fort  of  Detroit,  and  the  said  north-western 
armvi^fjlhe  said  Uijit^d  States,  then  and  there  under  the  com- 
mand of  the  ?aid  Brigadier-General  William  Hull,  were  then 
^J??ir*'^®  rendered  an  easy  and  certain  conquest  to  the  approach- 
i2  k5^^  '  ifr *  officers  and  soldiers  of  a  gallant  army  (compel- 
'^F  Ji*  oWigations  of  military  law  to  obey  the  orders  of  their 
*!]S?w  >  •'ll  ^^"  eiyofsed  to  unmerited  mortification  and  ra- 
P'M  ^ifj**  *^«  »«!'^»««  tf  the  said  United  States,  in  the  prose- 
tMttofl  of  the  said  war,  suffered  great  detriment  and  discredit.     ' 

P6uRTH  SPECIFICATION: 

A'nd.  also,  in  this:  Tliat  during  the  sai^  war  so  as  aforesaid 
caiwdonand  proscJcuted  by  and  betw-een  the  said  United  States 
l**?^»«f  ^"«  t!'«i'',tf  "itories,  and  llie  said  United  Kingdom  of 
Orfeat  Bntnin  and  Ireland  and  the  dependencies  fhereofrto  wif, 
on  the  sixteenth  day  of  August,  in  the  year  one  thousand  eitfht 
hundred  and  twelve  aforesaid,  at  Detroit  aforesaid,  in  the  terri- 
tory of  Michigan  aforesaid,  the  said  Fort  Detroit  being  then  and 
ther^  well  garrisoned  and  supplied  with  cannon,  ammunition  and 
provitfions,  the  said  north-western  armjr  of  the  said  United  States, 
iyeiW§  then  and  there  well  supplied  with  arms,  ammunition  and 
provisions,  and  the  officers  and  soldiers  thereof  being  then  and 
there  in  high  spirits,  and  eager  to  meet  and  encounter  the  an- 
proaehing  enemy  in  battle^  and  a  fine  train  of  artillery  being  then 
and  there  subject  to  the  orders  and  disposal  of  the  said  brigadier- 
general  William  Hull,  for  the  piirpose  of  defence  or  attack,  yet 
»he  said  brigadier-general  William  Hull,  then  and  there  bein«r 
eomm%iider  of  the  said  fort  of  Detroit,  and  of  the  said  northrwest- 
«rs  sraiT  oi  the  s»ia  United  States,)  aeiiftg  upon  the  impulse  oS 


~t#— «-^-?7j 


id 

|Mri«ait  fetr  and  appreliension,  and  canteihplatiag  aa  ihtt  idioa'n^ 
of  perianal  safety,  a  nhamefnl  abandoument  and  surrender  af  tliei 
iiaid  Fort  Detrait,  and  of  the  said  north-western  armj  of  the  ^aid 
United  States,  under  his  command  as  aforesaid,  to  the  approaeh- 
ingenemj,  did  then  and  there  sham«''*\  ,  i  .i-ibt-have  himself  be- 
fore the  enemy,  and  did  then  and  r !.«>■:  enter  into  a  diiigraceful 
capitalation  with  the  enemy,  .  .i''au'"''t^  •  eaosolatory  stipnU' 
lion,  that  the  said  garrison  and  army  should  march  out  of  the  said 
fort  of  Detroit  with  the  honors  of  war,  no  Just  and  humane  stipu- 
lation for  the  security  and  proloetion  of  such  of  the  inhabtlHnts  of 
the  said  British  province  of  Upper  Canada,  as  had  aeec|>ted  the 
said  hrigadier-ttcneral  William  Hull's  invitation  to  I'tin  the 
American  standard,  nor  any  reosanable  »tipula^\  u  iui  .i^  ,irr|(|po»'-' 
tuttity  0^  reporting  to  the  secretary  for  the  departmeiU  of  xrar, 
the  circarastances  of  so  unexpected  and  so  important  un  event  5 
and  did  then  and  there  shamefully  abandon,  surrender  and  eive 
tip  the  said  fort  of  Detroit,  together  with  all  the  troop«,  regulars 
as  well  as  militia,  then  and  there  under  his  command  us  aforesaid, 
and  all  the  public  stores,  arms,  and  all  pubHc  doennorents,  inclA^ 
ding  any  thing  else  of  a  public  nature  belonging  to  the  said  fort  of 
Detroit,  and  ta  the  said  north-western  armr  otHhe  said  Uni ted 
States,  then  and  tirere  under  his  eommand  as  aforesaid,  to  the 
said  approaching  enemy,  to  wit,  to  the  British  troops  under  the 
cpmmiiiii(i  of  major-general  Brock,  withaot  any  cause  for  g«  doing, 
arising  from  the  superior  numbers,  state  and  condition  of  the 
fiaid  British  forces,  or  from  the  actual  want,  or  j^%  expectation 
of  sudden  want  of  arms,  ammunition  and  pfovisions^lbr  the  aaid 
fort  Detroit  and  the  said  north  western  army  of  the  said  Untted 
States,  and  without  any  other  tdeqnatfc  cauhe  whatsoever: 
Whereby  the  (erritarial  sovereignty,  rights  and  propertyof  the 
said  United  States  were  shamefully  ceded  to  the  enemy,  a  brave 
and  patriotic  army  was  wantonly  sacrificed  by  the  pergonal  fean^ 
of  the  commander,  and  the  service  of  the  said  United  States,  in 
the  praseeutiaii  of  the  saiil  war,  suffered  a  great  and  afflieting 
low.  -.'iH^^^.^ 

111.  CHARGE.         ' 

^:  ,X^hE€V  OF  DUTY,  and  UKOFFICEtt-LIKE   CON^ 
D^  ijTt  while  eommauding  a  separate  armv,  between  tfae.«iiinth 
of  April  and  the  yeveBteenth  of  August,  in  the  year  one  thousand 
ei|{ht  l^andred  and  t\^elve. 

FIRST  SPECIFICATION. 

Xt  t?»is  :  That  before  and  during  the  said  war,  carried  on  and 
pro^eciuted  ^  aforesaid  by  and  between  the  said  United  States  of 
America  and  their  territories,  and  the  said  United  Kingdom  of 
^reat  Britain  and  Ireland  and  the  dependencies  thereof,  tw  said 
iirig.  Geiierai  Wiiliam  Kali  being  aulj  appcintcu  it,  csiaisand 
the  north-western  army  of  the  sai^i  United  States,  did  aCtaaJly 


ii 


U   (o  COlSiuuIItS 


take  and  aMun»e  the  commaTnl  of  the  laid  north-western  aroty  •n 
or  about  the  twenty-fifth  day  of  May,  in  the  year  one  thousand 
eight  hundred  and  twelve,  at  or  /lear  Daytoa,  in  the  state  o* 
Ohio,  and  did  thence  constantly  continaein  the  aetnaiy  eomoiand 
of  the  said  army,  as  well  on  the  march  from  Dayton  atoresaid,  to 
Jleiroit,  lu  the  territory  of  Michigan,  and  at  Detroit  aforesaid, 
as  in  the  British  province  of  Upper  Canada,  until  his  eapitula' 
tian  with  the  enemy,  and  the  consequent  surrender  t f  Fort  De- 
troit, in  the  said  Michigan  territory,  vvith  all  the  troops,  regular^ 
as  well  as  militia,  under  his  command,  to  the  British  farces  under 
the  command  of  Majn    General  Brock,  to  wit,  at  Detroit  afore- 
said, in  the  territory  of  Michigan  aforesaid,  on  the  sixteenth  day 
of  August   in  the  year  one  thousand  eight  hundred  and  twelya 
aforesaid :  And  that  the  said  Brigadier  General  William  Hull, 
uamindful  of  the  important  trust    ^poscd  in  him,  during  all  the 
^me  aforesaid,  and  as  well  on  tl    march  of  the  said  array  from 
Dayton  aforesaid  to  Detroit  aforesaid,  and  at  Detroit  aforesaid, 
as  in  the  British  province  of  Upper  Canada  aforesaid,  was  guilty 
of  jiegleetof  dutr,  and  of  anofficer-Iike  conduct,  hy  neglecting 
and  omitting,  with  snflic:<:nt  care  and  frequency  to  inspect,  train, 
exereiae,  review  and  order;  and  to  cause  to  be  inspected,  trained, 
reviewed  and  ordered,  tk^A  -uid  army  under  his  command  as  afore- 
said J  and  also  by  neglecting  and  omitting,  in  due  form  and  time, 
te  prepare  an  order  of  battle,  and  make  the  same  known  to  the 
said  army,  on  the  mareh  from  Dayton  aforesaid  to  Detroit  afore- 
said, in  the  Michigan  territory  aforesaid :  Whereby  the  discipline 
•f  the  troops  under  the  command  of  the  said  Brigadier-General 
William  Hull  as  aforesaid,  was  in  danger  of  being  relaxed,  their 
comfort  was  liable  to  be  impaired,  their  confidence  in  the  military 
skill  and  dispj^sitions  of  their  eommander  was  diminished,  and 
the  said  army  was  exposed  to  the  hazard  of  disorder  and  defeat, 
in  the  event  of  an  attack  being  made  thereon  by  the  enemy. 

SECOND  SPECIFICATION. 

And,  also,  in  this  :  That  durini;  the  said  war,  so  as  aforesaid 
carried  on  and  prosecnted,  by  and  between  the  said  United  States 
Af  America  and  their  territories,  and  the  said  United  Kingdom  of 
Great  Britain  and  Ireland  and  the  dependencies  thereof,  to  wit, 
m  or  about  the  first  day  of  Jqly,  in  the  year  one  thousand  eight 
hundred  and  twelve  aforesaid,  at  the  Rapids  of  the  river  Miami, 
in  the  territory  of  Michigan,  the  si 'd  Brigadier-General  William 
Hull,  then  and  there  commandii  the  said  north-western  army 
pf  the  said  United  States,  on  the  march  thereof  from  Dayton,  tii 
the  state  of  Ohio,  to  Detroit  aforesaid,  in  the  territory  of  Michigan 
aforesaid,  and  then  and  there  having  sufficient  cause  to  know  or 
to  believe  that  war  then  existed  between  the  said  United  States 
and  their  territories  and  the  said  United  Kingdom  of  Great  Bri- 
tain and  the  dependencies  thereof,  was  guilty  of  neglect  of  duty 


'  A  1«  J 


.a;. 


,_  i:i,„ 


.l..«|.    K..  it 


■  IIU  tltCIC  nil  Hi 


.3' 


ui'  ca,u3!:i> 


be  hired,  an  unarmed  vessel,  and  putting,  or  causing  to  be  put  on 


in 


r 


fi 

r 


bpard  thereof,  to  bo  traniported  by  water  paaiiaf)^  from  ike  Maid 
Hapids  of  the  Miami  of  tno  I^ake  to  Detroit  aforesaid  (the  aaid 
Bri^adier-Gcnerai  William  Hull  having  anfficieiit  catiHcto  know 
or  to  believe  the  imminept  danger  of  capture  by  the  enemy,  to 
ivhich  the  said  unarmed  vessel,  on  the  passage  aforesaid,  would 
be  expoHed)  certain  sick  soldierii,  and  a  great  part  of  the  hos- 
pital stores  belonging  to  the  said  arniy,  together  with  a  tronk  , 
containing,  (among  other  things,)  the  papers  herein  after  men* 
tioncd,  wnioh  it  was  the  duty  «f  the  said  Brig.  Gen.  William 
Hull  most  carefully  to  keep  and  preserve,  from  the  view  an4 
knowledge  of  the  enemy,  that  is  to  say,  the  official  correspondenoa 
«f  the  Secretary  of  the  Department  «f  War  and  the  said  Brig. 
Gen.  William  Hull,  as  well  touching  the  expedition  on  whieh  the 
said  north-wcslern  army,  under  his  command  as  aforesaid,  was 
then  employed,  as  touching  a  declaration  of  war  by  the  cnid 
United  States  of  Ameiica  against  the  said  United  Kingdom 
of  Great  Britain  and  Ireland  and  the  dependencies  thereof,  and 
also  certain  oHiciul  muster-rolln,  reports,  and  returns  of  the  num- 
hcm,  state  and  condition  of  the  said  army  under  his  command  as 
Aforesaid ;  and  the  said  unarmed  vessel,  on  the  passage  aforesaid, 
from  the  said  Uapids  of  the  river  Miami  of  the  lake  towurda 
Detroit  aforesaid,  afterwards,  tq  wit,  on  or  about  the  second  Amy 
of  July,  in  the  year  one  thousand  eight  hundred  and  twelve  afore- 
said, was  captured  by  the  enemy,  having  on  board  thereof,  at  the 
time  of  such  capture,  the  said  sick  soldiers,  the  said  hospital 
stores,  and  the  said  trunk  containing  the  said  official  correspon- 
dence, and  also  the  said  muster  rolls,  reports  and  returns  oi  the 
numbers,  state  and  condition  of  the  said  army :  Whereby  the 
^aid  sick  soldiers  were  made  prisoners  of  war ;  the  said  hospital 
stores  were  lost  the  said  United  States  j  and  the  said  offieiaTeor- 
respnndencc,  and  the  said  muster  rolls,  reports  and  returns  of  tho 
numbers,  state  and  condition  of  the  said  army  came  to  the  pos* 
liession,  knowledge  and  use  of  the  enemies  of  the  said  United 
^tates,  to  the  great  injury  of  the  said  United  States. 
THtRD  SPECIFICATION. 

And,  also,  in  this  :  That  during  the  said  war  carried  on  and 
prosecuted  by  and  between  the  said  United  States  of  America  and 
their  territories,  and  the  said  United  Kingdom  of  Great  Britain 
and  Ireland  and  the  dependencies  thereof,  the  said  Brigadier- 
General  William  Hull,  having  arrived  with  the  said  north-west- 
ern army  of  the  said  United  States,  under  his  command  as  afere- 
siiid,  at  Detroit,  in  the  territory  of  Michigan,  on  the  seventh  day 
of  July,  in  the  year  one  thousand  eight  hundred  and  twelve  afore- 
said, and  having  the  possesstioa  ana  command  of  the  said  Fort  oi 
Detroit  from  that  time  constantly  until  the  abandonment  and  sur- 
render thereof  lo  the  British  forces  under  the  command  of  Ma- 
jor-Geueral  Brock,  on  the  sixteenth  day  of  August,  one  thousand 
I'jgbt  huiulred  and  twelve  aforesaid,  and  iinding  upon  his  said  ar- 
rival ai  DeU'uJt  aforesaid,  that  the  works  of  the  said  Fort  Detioji 
iyere  greatly  damaged  and  dilapidated;  and  that  the  guns  and  gun 


i8 

earriagen  belonging  to  the  said  Fort  Detroit  wore  also  (lainajEed 
and  out  of  repair  J  and  moreover  well  knuwinir  the  importance  of 
the  said  Fort  Detroit  to  I  he  service  of  the  said  United  States,  in 
the  operations  of  the  said  war,  and  that  the  same,  (together  with 
the  said  suns  and  gun-carriages)  Hhiyild  be  put  and  kept  in  proper 
order  and  repair,  was  guilty  of  neglect  of  duty,  by  neglecting  and 
omittinpf,  during  all  the  time  of  his  possession  and  oommund  as 
aforesaid,  in  a  proper  and  sufficient  manner,  to  repair  and 
itrengthen,  or  cause  to  be  repaired  and  strengthened,  the  workv 
of  the  said  Fort  Detroit  j  by  neglecting  and  omitting,  in  a  proper 
and  sutHcitint  manner,  and  in  due  time  for  the  service  of  the  said 
United  States,  to  repair,  or  cause  to  be  repaired,  the  uuid  guns 
and  gun  o-rriages,  and  generally,  by  neglecting  and  omittinic  ta 
put,  or  cause  to  be  put,  said  Fort  Detroit  in  a  proper  state  hul 
condition  for  resistance  and  defence,  in  the  event  of  an  invasion 
«ud  attack  by  the  enemy :  Whereby  the  said  Fort  Detroit  was 
Wft  an  easy  conquest  to  the  enemy ;  the  said  guns  and  gun>car- 
mpes  being  afterwards  required  for  the  serviee  of  the  said 
Umted  States  in  the  British  province  ofUpper  Canada,  were  still 
feund  nafit  for  transportation  and  use;  great  time  was  aonsumed 
in  preparing  and  fitting  them  for  the  said  service,  and  the  opera- 
UifW  of  the  war  were  latally  obstructed  and  suspended. 

;  FOUBTH  SPECIFICATION, 

.  ^  And,  also,  in  this :  That  during  the  said  war  so  as  aforesaid 
jjarried  on  and  prosecuted  by  and  between  the  said  United  States 
af  America  and  their  territories,  and  the  said  United  Kingdom 
(tf  Great  Britain  and  Ireland  and  the  dependencies  thereof  the 
9Aid  brigadier-general  William  Hull  declaring  and  avowing  an 
jintentiou  and  design,  with  the  said  north-western  army  of  the 
»aid  United  States,  under  his  command  as  aforesaid,  to  invade 
and  enter  the  British  province  of  Upper  Canada,  to  invest  and 
attack  the  British  fort  called  Maiden,  otherwise  called  Am- 
]ierstberg,  in  the  said  British  province,  and  to  maintain  and  en- 
Jarge  his  position  and  possession  in  the  said  British  province, 
^nd  well  knowing  that  expedition,  resolution  and  energy  were 
indispensible  to  the  prosecution  and  accomplishment  of  such  in- 
tention and  design,  and  having  arrived  at  Detroit  aforesaid  in 
the  territory  of  Michigan  aforesaid,  on  the  seventh  day  of  July, 
in  Uie  year  one  thousand  eight  hundred  and  twelve  aforesaid, 
and  having  invaded  and  entered  the  said  British  province  ofUp- 
per Canada,  on  the  twelfth  dav  of  July,  in  the  year  aforesaid  ; 
and  therein  taken  possessioii  o'*  the  town  of  Sandwich  aforesaid 
and  having  evacuated,  with  the  main  body  of  his  army,  the  said 
British  province  of  Upper  Canada,  on  the  eight  day  of  August, 
in  the  year  aforesaid,  was  guilty  of  neglect  of  duty  and  unofticer- 
like  conduct,  by  not  seasonably  repairing,  fitting  and  transporting 
or  causing  to  be  repaired,  fitted  and  transported,  the  guns  and 
gun-carriages,  which  were  necessary  to  the  operations  of  the  war 
in  the  said  iJrlu9h  province  of  Upper  Canada  j  by  an  useless  and 


H 


injurious  waste  of  tine  and  opportunity  at  Sandwich  aforesaid,  ii| 
th«  said  British  provin-3  of  Upper  Canada,  without  making  aa 
attempt  to  reduce  the  said  British  fort  called  Maiden,  otherwise 
'.ailed  Amherstberg  ;  by  an  unneeessary  consumption  df  time  in 
projects  to  eoaeiliate  the  Bri|[ish  inhabitants  of  the  said  British 
province  of  Upper  Canada,  and  the  nei,^hbouring  Indians,  with^ 
out  resorting  to  the  more  eflTectual  display  of  a  military  power, 
capacity  and  dispositiou,  to  maintain  the  acquisition  of  conquest, 
and  to  perform  tae  promises  of  protection  j  by  postponing  iu  the 
first  instanoe,  and  by  abandoning  in  the  next,  an  investment  and 
attack  upon  thf  said  British  fort  caii,3d  Maiden,  otherwise  called 
Amhcrstbeig;  and  by  finally  evacuating  the  said  British  province 
of  Upper  Canada,  without  providing,  in  any  respect,  for  the  safe- 
ty «f  the  inhabitants  thereof,  who  nad  accepted  the  said  briga*' 
dier-general  WiiUam  Hull's  invitation  to  join   the  American 
standan^,  and  witiiout  having  in  any  degree  accomplished  the 
said  inteution  and  design  of  the  said  brigadier-general  William 
Hull,  ^o  as  aforesaid  avowed  and  declared,  upon  the  invasion  of 
the  said  British  province  as  aforesaid :  Wtterehy  at:  opportunity 
was  afforded  to  the  enemy  to  bring  into  suspicion  anu  contempt 
the  pawer  and  the  eontluet  of  the  American  eomma'^der ;  to  colt 
lect  and  combine  the  British  forces  ;  to  seduce,  intimiUate  and 
engage  the  Indians ;  to  awe  into  submis»ion  the  wavering  inhab- 
itants of  the  said  British  province  of  Upper  Canada ;  to  reiiuforee 
the  said  British  fort  called  Maiden,  otherwise  called  Amheriit- 
llierg;  and  to  prepare  for  investing  and  attacking  the  said  fort  of 
Detroit,  in  the  said  territory  of  Michigan  ;  while  on  the  other 
band,  the  said  army  of  the  said  United  States,  under  the  command 
of  the  said  brigadier-general  William  Hull  as  aforesaid,  dimin- 
ished iu  effective  numbers,  in  consequence  of  sickness  and  othep 
casualties^  the  officers  and  soldiers  naturally  became  dissatisfied 
and  disgusted  with  a  scene  of  such  inactivity,  irresolution  and 
procrastination  ;  the  hope  of  support  and  co-operation,  as  well 
from  the  Indians  as  from  the  British  inhabitants  of  the  said  Bri- 
tish province  of  Upper  Canada,  was  destroyed  $  and  the  general 
ardor  of  the  troops,  in  the  prosecution  of  the  war,  insensibly 
abated. 

FIFTH  SPECEFICATION. 

And,  also,  in  this  :  That  during  the  continuance  of  the  said 
war,  carried  on  and  prosecuted  as  aforesaid  by  and  between  the 
said  United  States  of  America  and  their  territories,  and  the  said 
United  Kingdom  of  Great  Britain  and  Ireland  and  the  dependen- 
cies thereof,  the  said" brigadier-general  William  Hull,  with  the 
said  north-western  army  of  the  -said  United  States  under  his  com- 
mand as  aforesaid,  arrived  at  Detroit  aforesaid,  in  the  territory 
of  Michigan  aforesaid,  to  wit,  on  or  about  the  seventh  day  of  July, 
in  the  year  one  thousand  eight  hundred  and  twelve  aforesaid ;  that 
with  thn  said  army  under  his  command  as  aforesaid,  he  entered 
i^nd  invaded  the  said  British  province  of  Upper  Canada,  to  wit, 


16 

6n  Of  ahout  the  twelfth  day  of  July,  in  (he  year  aforasaid  ;  iUt 
With  the  mam  body  ot  the  said  army  under  his  command  as  afore- 
said, he  evacuated  the  said  British  province  of  Upper  Canada,  on 
the  eighth  day  of  August  in  the  year  aforesaid,  thence  returning 
to  Detroit  aforesaid,  in  the  said  territory  of  Michigan :  and  that 
he  abandoned,  surrendered  and  gave  up  said  fort  Detroit,  with  all 
the  troops,  regulars  as  wtll  as  militia,  under  his  command  af 
aforesaid,  to  the  British  forces  under  the  command  of  Major 
lxener?U  Brock,  to  wit,  en  the  sixteenth  day  of  August,  in  the 
year  aforesaid :  And  that  during  all  the  movements  aforesaid, 
and  during  all  the  time  aforesaid,  to  wit,  from  the  said  seventh 
day  of  July,  in  the  year  one  thousand  eight  hundred  and  twelve 
tforftsaid,  to  and  including  the  said  sixteenth  day  of  August,  ia 
the  year  aforesaid,  it  was  of  high  importance  to  the  security  and 
,*??P'?y  ^^^  *'^'**  ^"""^  Detroit,  and  the  said  army  of  the  sai« 
Uiiited  States,  under  the  command  of  the  said  brigadier-general 
WilHani  Hull  as  aforesaid,  that  a  free  and  open  commuhicatiott 
shod  Id  be  had  and  preserved  between  the  said  fort  Detroit  and 
the  8Aid  army  of  the  said  United  States,  under  the  command  of 
the  said  brigadier-general  William  Hull  as  aforesaid,  and  a  cer- 
tain American  settlement  and  military  post  made  and  established 
titih^  river  Raisin,  in  the  said  territory  of  Michigan:  And  that 
the  said    brigadier-general    William  Hull,  well  knowine  tho 
premises,  but  unmindful  of  the  trust  reposed  in  him,  was  guilty 
of  a  neglect  of  duty  and  unoffieer-likc  conduct,  by  siifferinff  the 
Mieiay  to^mterrupt  and  cut  off  the  said  communication  between 
tKe  said  fort  Detroit  and  the  said  army  of  the  said  United  States 
trtidetiiis  eommand  us  aforesaid,  and  the  said  American  settle- 
tneAt  and  military  post  made  and  csftabiished  at  the  river  Raisin 
^foresaid,  in  the  territory  of  Michigan  aforesaid,  to  wit,  on  the 
firstday  of  August,  in  the  year  one  thousand  eight  hundred  and 
twaive  aforesaid,  or  on  some  other  day  of  the  said  month  of  Au- 
gust, or  some  day  of  the  preceding  month  of  July,  in  the  year 
^foresaid  :  also,  by  afterwards,  to  wit,  on  the  fourth  day  of  Au 
gust,  in  the  year  aforesaid,  detachiu-  Major  Thomas  B.  Van 
Uornfe,  of  Colonel  James  Findley's  regiment  of  Ohio  voianteers 
with  an  inadequate  force,  (the  said  brigadier-general  William' 
liull  having  suthcient  cause  for  knowing  or  believjag  the  same  to 
be  inadequate,)  to  attempt  again  to  open  the  said  communication 
ictw-een  the  said  fort  Detroit  and  the  said  army  of  the  said  Uni- 
ted  States,  under  the  command  of  the  said  brigadier-general 
William  Hull  as  atoresaid,  and  the  said  American  settlement 
ami  military  post  on  the  said  river  Raisin  in  the  territory  of 
Michigan  aforesaid;  also,  by  afterwards,  to  wit,  on  the  eighth 
dayot  August  in  the  year  aforesaid,  detaching  Heutenant-coloiiel 
James  JVfi Her,  of  the  fifth  regiment  of  United  States'  Infantry 
with  the  number,  or  about  the  number  of  five  hundred  men  to  at- 
tempt again  to  open  the  said  communication  between  the  said 
fort  ol  Detroit  and  the  said  army  of  the  said  United  States  under 
the  eommand  of  the  paid  brigadier-'^efleral  William  HnIL  ^mA 


* 


^ 


tlie  said  American  settlement  ami  military  post  at  the  said  rivet 
Haisia  in  the  territory  of  Michigan  aforesaid,  and  neglecting  to 
furnii>h  and  forward,  or  to  cause  to  be  furnished  and  forwarded! 
to  the  said  last-mentioned  detachment,  at  or  near  BrownstowD^ 
on  its  march  upon  the  service  aforesaid,  an  adequate  supply 
of    provisions,     (the    said     brigadier-general    William    HuU 
having  sufficient  cause  to  knew  or  believe  that  the  said  last- 
mentioned  detachment,  at  or  near  Brownstown,  on  its  marclt 
upon  the  service  aforesaid,  was  in  want  of  provisions,  an^ 
that  they  could  not  prosecute  and  accomplish  the  said  servieet 
unless  an  adequate  supply  of  provisions    was    furnished  arid 
forwarded  to  them,  at  or  near  Brownstown  aforesaid  :)   And, 
also,  by  afterwards,  to  wit,  on  the  fourte«nth  day  of  Auguat/in 
the  year  aforesaid,  detaching  Colonel  Duncan  Mc Arthur^ colonel 
of  a  regiment  of  Ohio  volunteers,  and  Colonel  Lewis  (Xass,  «nr 
ionel  of  another  regiment  of  Ohio  volunteers,  witli  tbe,BOnil^ei^ 
or  about  the  number  of  four  hundred  men,  us  weil  ta  attempt* 
again  to  open  the  said  communication  between  the  said  fori 
I)etroit  and  the  said  army  of  the  said  United  States,  und«r  th« 
command  of  the  said  brigadier-general  William  Hull  as  afore« 
said,  and  the  said  American  settlement  c^nd  military  post  at  the. 
river  Raisin  aforesaid,  in  the  territory  of  Michigan  aforesaid, ;.att.. 
to  escort  provisions  from  tlie  said  American  settlemeutand  mil-- 
itary  post,  to  Detroit  liforesaid,  without  issuing,  furnigbittgand. 
forwarding,  or  causing  to  be  issued,  furnished  and  forwarded  to  < 
the  said  last-raentioni^d  detachment,  an  adequate  iHipply  of  ppor 
visions  for  the  service  on  which  thev  were  employed  as  aforesaid; 
(the  said    Brigadier-General  William   Hull  having  sjuffieieUt 
cause  to  know  or  to  b^ilieve  that  the  said  iast-'mentiot^d  detaehn 
ment  was  in  v.  ant  of  a  further  supply  of  provisions  upon  the  s^eiv,, 
vice  aforesaid,  and  that  they  could  not  prosecute  and  aeeompljjsb - 
<he  said  service,  unles  3  such  farther  supply  was  issued,  furiMsiied. 
and  forwarded  to  them  :)  Whereby  the  said  detachment  under  the 
said  Maj.  Thomas  B.  Van  Home,  being  encountered  by  the, en- 
emy with  a  superior  force,  was  defeated  and  returned  to  D^troit^ 
witboHt  aceompiishing  the  service  on  which  they  were  employed 
as  aforesaid;  the   said  detachment  under  the  said  lieutenant-* 
colonel  James  Millen  having  achieved  a  signal  vietftry  over  tfaeeil- 
cmy  during  the  march  on  the  service  aforesaid,  were  nevertheless 
compelled,  from  the  want  of  an  adequate  supply  of  provisions,  to 
abandon  the  service  on  which  they  were  employed  as  aforesaidy 
and  to  return  to  Detroit  aforesaid ;  the  said  detachment  under 
(he  said  Colonel  Duncan  McArthur  and  the  said  Colonel  Lewi» 
Cass,  from  M'ant  of  an  adequate  supply  of  provisions,  were  un- 
able to  prosecute  the  service  on  which  they  were  employed  «jr 
aforesaid,  aud  were  returning  to  Detroit  aforesaid,  at  the  time  of 
the  abandonment  and  surrender  of  the  said  fort  Detroit  and  the 
said  army  of  the  said  United  Slates,  to  the  British  forces  under 
the  command  of  major-general  Brock  as  aforesaid  ;  and  finaiiy,- 
the  said  communication  Ijetwecn  the  said  Fort  Detroit  and  the' 


I 


in 


lii' 


said  amy  of  the  said  United  StMes,  under  the  command  of  the 
said  brigadier-geiieral  William  fiull,  and  the  said  Americaa 
settlement  and  mUitarj  post  at  the  said  river  Raisin,  in  the  ter- 
ntory  ot  Michigan  aforesaid,  by  reason  of  the  said  rjrfects  and 
omissions  of  the  said  Brigadier-GeneraJ  William  Hull  as  afore- 
said, was,  and  remained  interrupted  and  totally  cut  off  by  the  en- 
emy, to  wit,  from  the  said  first  day  of  August,  in  the  year  afore- 
said, or  from  some  other  day  in  the  said  month  of  August,  or  ia 
the  preceding  month  of  July,  in  the  year  aforesaid,  to  and  inclu- 
ding the  said  sixteenth  day  of  August,  in  the  year  aforesaid, 
SIXTH  SPECIFICATION. 
And,  also,  in  this— That  during  the  continuance  of  the  said 
•j'tt°  *.'  a*»resaid  carried  on  and  prosecuted  by  and  between  the 
said  L/nited  States  of  America  and  their  territories,  and  the  said 
United  Kingdom  of  Great  Britain  and  Ireland  and  the  depen- 
dencies thereof,  the  said  Brigadier-General  William  Hull,  with 
tlie  said  north-western  army  of  the  said  United  States  under  his 
command  as  aforesaid,  having  invaded  and  entered  the  said 
British  province  of  Upper  Canada  as  aforesaid,  and  having  de- 
clared and  avowed  an  intention  and  design  of  investing  and  at- 
tacking the  said  British  fort  called  Miiden,  otherwise  called 
AmUerstberg,  m  the  said  British  province  of  Upper  Canada,  and 
aidetaehment  of  the  said  army  under  his  command  as  aforesaid, 
Jed  by  the  said  Colonel  Lewis  Cass  and  the  said  Lieutenant-Col- 
onel James  Miller,  having  attacked  and  repulsed  theejiemy,  and 
seized  upon  a  certain  brid-e  ever  the  river  called  the  river 
«  Aux  Canards,"  on  the  rout  from  Sandwich  in  the  said  British 
province  of  Upper  Canada  o  the  said  British  fort  called  Maiden, 
otherwise  called  Amherstherg,  and  an  opporiunity  having  there- 
by been  afforded  for  an  immediate  investment  and  attack  titoon 
the  said  British  fort  cnllefl  Maiden,  otherwise  called  Amhergt- 
«)erg:  Yet  the  said  Brigadier-General  William  Hull,  well  know- 
ing the  premises,  and  unmindful  of  the  trust  reposed  in  him,  to 
wit,  on  the  eighteenth  day  of  July,  in  the  year  one  thousand  eight 
hundred  and  twelve  aforesaid,  at  Sandwich  aforesaid,  in  the  said 
British  province  of  Upper  Canada,  was  guilty  of  neglect  of  duty 
and  unofficer-like  conduct,  by  negl   ;ting  and  omitting  to  advance 
with  the  said  army  under  his  command  as  aforesaid,  to  maintaia 
or  attempt  to  maintain  the  possession  of  the  said  bridge  over  the 
said  river  called  the  river  Aux  Canards,  and  by  omittin:;  to  pro- 
ceed to  the  immediate  investment  and  attack  of  the  said'  British 
fort  called  Maiden,  otherwise  called  Amherstberg,  in  the  said 
British  province  of  Upper  Canada  :  Whereby  the  advantage  of 
acquiring  and  keeping  possession   of  the  said  bridge  over  the 
said  river  called  the  river  Aux  Canards  as  aforesaid,  was  im- 
providently  lost,  and  the  prospect  of  a  successful  investment  and 
attack  upon  the  said  Bi-itish  fort  called  Maiden,  otlierwi»«  cal- 
led Amherstberg,  speedilv  vanished. 


I 


18 

S^EVENTH  SPECIFICATION", 

And,  also,  in  this :  That  during  the  continuance  of  the  salJ 
war  so  as  aforesaid  carried  on  and  prosecuted  by  and  be^ 
tueen  the  said  United  States  of  America  and  their  territories, 
and  the  said  United  Kingdom  of  Great  Britain  and  Ireland  and 
the  dependencies  thereof,  the  said  brigadier-genefal  William 
Iluil,  with  the  said  north-western  army  of  the  said  United  States 
under  his  command  as  aforesaid,  having  evacuated  the  said  Brit- 
ish province  of  Upper  Canada,  returning  thence  to  Detroit  afore-' 
said,  in  the  territory  of  Michigan  aforesaid,  the  enemy  having 
afterwards  taken  possession  of  the  bank  of  said  river  Detrnit, 
opposite  to  Detroit  aforesaid,  and  theieon  erected  batteries 
wherewith  to  attack  and  annoy,  as  well  the  said  fort  Detroit  and 
the  American  posts  and  batteries  erected  and  establisired  dear 
thereto^  as  the  town  of  Detroit  in  the  said  territory  of  Michigan, 
the  enemy  having  also  manifested  an  intention  and  a  design  to  in- 
vj?de  and  enter  the  said  territory  of  Michigan,  and  to  invest  and 
atvack  the  said  fort  Detroit,  and  the  enemy  having  also,  after' 
wards,  in  pursuance  of  such  intention  and  design,  landed  at  a 
place  called  Spring  Wells,  otherwise  called  Spring-flill,  in  the 
neighbourhood  of  the  said  fort  Detroit,  in  the  territorv  of  Mich- 
igan afucesaid :  Yet  the  said  briiradier-general  William  Hull, 
well  knowing  the  premises,  andumnindfulofthe  trust  reposed  iu 
him,  to  wit,  from  the  eleventh  day  of  August  to  and  including  the 
sixteenth  day  of  August,  in  the  year  one  thousand  eight  hundred 
and  twelve  aforesaid,  wasguilty  of  neglect  of  duty  and  unoflicer' 
like  conduct,  by  neglecting  and  omitting  to  prevent,  and  to  at- 
tempt to  prevent  the  enemy  from  erecting  the  said  batteries  ou 
the  bank  of  the  said  river  Detroit,  opposite  to  the  said  fort  of 
Detroit  as  aforesaid  j  by  neglecting  and  omitting  to  fortify  the 
landing-place  at  the  said  Spring  Wells,  otherwise  called  Spring 
Hill,  in  the  territory  of  Michigan  aforesaid  ;  and  by  neglecting 
and  omitting  to  annoy  and  attack  the  enemy,  on  and  after  hig 
landing  at  Spring  Wells,  otherwise  called  Spring-Hill  as  afore- 
said, in  the  territory  of  Michigan  aforesaid  :  Whejieby  the  enemy 
was  enabled  securely  to  erect  the  said  batteries  on  the  bank  of 
the  said  river  Detroit  as  aforesaid,  for  attacking  and  annoying 
as  well  the  said  fort  Detroit,  and  the  posts  and  batteries  erected 
and  established  near  thereto,  as  the  said  town  of  Detroit  f  to  in- 
vade the  said  territory  of  Michigan  without  opposition  or  loss; 
and  to  approach  the  said  f^rt  Detroit  with  the  air  and  confidence 
df  a  triumph. 

A.  J.  DALLAS, 

Judge  Mvocatc. 


DEFENCE. 


MS.  MMIBEST,  AKB  GENTIBMEIT  OP  THB  COUKT  KABTIAI. 

I  HAVE  too  long  and  too  severely  felt  the  effects  of  public  prejudice, 
excited  by  unfounded  reports  and  groundless  clamors,  not  to  rejoice  tJiat 
the  time  has  arrived  when  I  may  speak  in  my  6wn  vindication,  before  an 
impartial  and  honourable  tribunal. 

The  charges  upon  which  you  are  now  to  decide,  have  been  propagated 
through  the  Union  with  a  zeal  and  industry,  to  which  my  age,  my  character 
and  my  former  services  have  in  vain  been  opposed.    My  reputation  and 
fbehngs  have  been  the  sport  of  every  one  who  either  from  malicious,  self- 
ish  or  political  motives  chose  to  traduce  me.     The  time  has  been  when  no 
one  would  have  dared  to  couple  dishonor  with  my  name,  when  my  heart 
has  exulted  to  find  myself  mentioned  among  those  who  deserved  well  of 
%.r  Country.    But  since  my  efforts  to  serve  her  have  been  unsuccessful, 
how  have  I  been  tortured  with  cruel  and  unfounded  accusations,  even  con- 
scjous  innocence  has  not  always  given  me  fortitude  to  bear  with  this  injus- 
tice, unmoved.    Knowing  the  integrity  of  my  own  motives,  ind  how  zeal- 
ously  I  have  souglit  to  discharge  my  duty  to  the  public,  my  heart  has  often 
swollen  with  indignation  when  I  have  seen  the  indefatJJrable  pains  that  have 
been  taken  by  repetitions  of  the  foulest  calumnies  to  excite  and  keep  alive 
pi-ejudiccs  against  me.    Your  own  knowledge  gentlemen  of  what  has  been 
liassing  in  the  world,  will  convince  you  that  this  is  not  declamation,  but  I 
.shall  shew  you  in  the  course  of  my  defence,  that  men  from  whose  profession 
and  whose  rank  it  was  not  to  be  expected,  have  been  parties  in  this 
itijustice. 

At  length,  however,  the  time  I  have  so  anxiously  desired,  has  arrived, 
when  my  conduct  must  be  tested  by  evidence,  instead  of  the  misrepresenta- 
tions of  my  enemies,  and  I  do  feel  a  confidence  that  when  you  have  pro- 
nounced upon  that  evidence  I  may  appeal  to  your  judgment  to  refute  the 
clamors  wliich  have  been  raised  against  me. 

I  cannot  but  think,  Mr.  President,  that  the  charges  against  me  are  ex- 
hibited in  a  form  hitherto  unprecedented  in  proceedings  of  this  nature.  It 
was  not  to  be  expected,  that  in  a  court  where  the  accused,  whatever  may 
be  his  in(i:-mlties  or  incapacities  to  attend  to  his  own  defence,  is  not  per- 
mitted to  have  the  benefit  of  council,  the  cnar^j  would  be  enveloped  in 
such  a  profusion  of  words,  that  it  is  difiit  lU  '\-y  one  not  accustomed  to  the 
technical  forms  of  pleadings  in  the  civil .  jun.  lo  understand  them,  and  be 
80  complicated  by  repetitions  tliat  it  is  still  more  di^icult  to  reduce  them 
to  any  order  or  analysis. 

It  is  extremely  important,  however,  that  the  court  sliould  ascertain,  ami 
always  bear  in  minu  precisely  of  wh-at  I  am  accused.    The  cn'-irss  of  nr;-:- 


#!»*^<" 


SO 


.!.' 


ceeding  which  has  been  adopted  by  the  court,  rendera  this  tihe  more  ne- 
cessary, as  testimony  has  been  given  which  certainly  cannot  be  applied  to 
any  of  the  specifications.  The  court  having  thought  proper  to  admit  it 
with  an  intimation  that  any  ftirther  objection  which  I  might  offer  to  it» 
propriety  or  relevancy  when  I  arrived  at  this  stage  of  my  defence,  would 
be  considered.  In  submission  to  this  decision  of  the  court,  I  have  omitted 
to  make  objections  on  tiiis  ground  in  several  instances.  I  shall /not  at- 
tempt to  offer  an  argument  to  the  court  to  prove  the  injustice  of  making  on<» 
charge  against  a  person,  and'  trying  and  convicting  him  by  another :  I  did 
however  understand,  from  what  passed  when  I  first  submitted  to  the  court 
an  objection  of  tliis  nature,  that  an  objection  wps  entertained  by  some  of 
the  members,  that  though  the  testimony  might  not  apply  to  any  specifica- 
tion, yet  if  the  fact  intended  to  be  proved,  would  come  under  either  of  the 
general  chargfcs,  the  testimony  would  be  proper.  If  this  were  so,  then  there 
would  be  no  use  in  the  specifications,  indeed  they  would  be  worse  than 
useless,  they  would  '^nly  mislead  the  accuRf'd,,  and  induce  him  to  prepare 
against  one  accusation  when  he  might  be  tri:d  on  another.  j.v 

The  propriety  of  admitting  nothing  under  the  general  charge,  for  wWcfc 
there  is  not  a  specification,  I  think  will  appear  manifest  by  supposing  that 
■%  general  charge  should  I>e  unoiiicer-like  conduct,  and  that  the  only  j^ecifif- 
cation  should  be  insulting  a-  superi'  ,  Suppose  that  under  this  general 
tharge  and  specification,  testimoisy  should  be  offered  of  absence  widiotit 
feave,  thiswoiild  also  be  unofficer-like  conduct,  and  therefore  would  ccoB^ 
tjjider  the  general  charge.  But  would  it  not  be  tlie  height  of  injustice  t6 
try  the  accused  tor  absenting  himself,  a  crime  of  which  the  pharges  gay6 
him  no  notice.  I  trust  the  court  will  see  the  validity  of  the  objection  I  aT9 
consiidering,  and  that  they  will  be  careful  to  give  no  weight. to  any  part  of 
the  testimony  which  does  not  apply  to  some  one  of  the  ppecifications. .  .      - 

I  do  not  think  it  necessary  to  occupy  the  time  of  the  court  with  a  reca- 
pitulation of  the  charges,  nor  shall  I  exhaust  your  patience  by  attemptang 
in  my  defence,  to  follow  the  volume  on  your  table  through  all  its  reitera- 
tions. It  will  be  found  fqr  the  most  part  to  be  a  repetition  of  the  same 
facts,  displayed  in  the  jargon  of  special  pleading,  with  an  incongruous  dis- 
semination of  such  opprobrious  epithets  as  fitncy  might  furnish  to  heighten 
the  imputation  of  guilt.  I  shall  endeavour  to  arrange  apd  consider  the  ac- 
cusations in  such  order  as  will  enable  me  to  bring  my  defence  into  some 
compass,  and  to  be  th^  better  understood.  I  shall  particularly  notice  the 
chai-ges  which  thf.  judge  advocate  in  his  opening  mentioned  as  those  which 
he  expected  wouid  be  substantiated,  and  I  shall  not  omit  to  make  my  de- 
fence against  evtry  accusation  which  there  has  been  the  least  testimony  to 
support.  The  cardinal  accusations,  if  I  may  be  pei-mitted  so  to  express 
myself,  are  founded  upon  an  alleged  delay  at  Sandwich,  the  reti-eat  from 
Canada,  and  the  surrender  at  Detroit. 

If  I  can  satisfy  the  court  that  these  acts  were  in  themselves  necessary  or 
justifiable,  it  will  then  remain  for  me  to  answer  such  of  the  acciisatlons  as 
relate  to  the  manner  in  which  tliese  acts  were  done,  and  to  answer  also  some 
^barges  not  immediately  connected  with  these  transactions.    'J'bis  courju 


Si 

vill  eiabrace  the  whole  of  my  defence.  Of  tliis  latter  description  is  U.e 
first  specification  under  the  charge  of  treason  which  relates  to  the  vessel 
sent  from  the  Miami.  I  shall  therefore  give  this  a  separate  consideration, 
and  as  it  stands  first  and  highest  in  the  black  catalogue  of  the  Crimea 
which  are  imputed  to  me.  and  is  repeated  in  other  specifications,  I  shall  in 
tJie  first  instance  ask  the  attention  of  the  court  to  this  subject. 

I  have  already  protested  against  the  authority  of  this  court  to  decide 
Upon  this  charge,  because  treason  is  a  crime  of  which  a  court  martial  has 
no  cognizance.  Their  power  is  confined  to  such  military  crimes  as  are 
^iiied  in  the  articles  of  war.  and  tlieir  jurisdiction  is  so  limited,  not  only 
by  the  Constitution,  but  by  the  very  articles  themselves.  I  have  thought  it 
my  duty  in  the  most  solemn  manner  to  make  and  insist  on  this  protest  for 
the  sake  of  repellmg  a  dangerous  example,  a)id  not  as  it  respected  myself 
or  the  case  now  under  your  consideration;  for  my  only  desire  is  to  acquit 
myaeli  of  the  criminal  acts  and  motives  which  have  been  so  wantonly  imput- 
ed to  n-.c.  If  1  cannot  succeed  in  tliis,  I  am  indifferent  as  to  tlie  names  by 
which  the  crimes  may  be  called,  and  if  I  do  not  acquit  myself  of  the  other 
charges  which  are  the  most  wounding  to  tlie  feelings  of  a  soldier,  I  am 
equally  indifferent  to  the  punishment  that  may  be  inflicted.  I  have  no  de- 
sire to  preserve  a  life  that  shall  be  stigmatized  by  a  conviction  of  this  court 
«D  the  charges  of  cowardice. 

'  TJie  first  specification  under  the  charge  of  treason  relates  to  sending  tlie 
vessel  on  the  first  of  July  from  the  Miami  with  the  Hospital  stores,  sick 
baggage,  and  army  documents.  As  to  sending  the  vesicl  with  what  she 
liadion  board,  except  the  last  article  it  is  not  disputed— but  that  for  the 
reasons  which  according  to  the  testimony  of  General  M'Arthur  I  assigned 
for  it  at  the  time,  it  would  not  have  been  an  improper  measure  had  not  war 
been  deelared. 

.  Tlie  whole  crimmality  then  in  this  respect  rests  on  the  U-uth  of  the  al- 
legation that  I  despatched  the  vessel  knowing  of  the  war,  and  with  a  design 
to  give  traitorous  intelligence  to  the  enemy. 

It  is  very  certuin  that  I  had  no  direct  intelligence  of  the  war  en  tlie  1st 
of  July  when  the  vessel  was  despatched.  I  had  on  the  26th  of  Jime  r* . 
ceived  a  letter  from  the  Secretary  at  war,  dated  on  the  day  war  was  declared 
the  18th  of  June— and  1  afterwards  received  another  letter  from  him  of  the 
^same  date,  announcing  to  me  tlie  declaration  of  war.  It  seems  to  have  been 
intimated  that  the  letter  of  the  18th  of  June  which  I  received  on  the  26th, 
was  the  letter  announcing  tlie  war— but  I  think  tlie  testimony  of  General 
M'Arthur  setUes  that  point— He  acknowledges  that  I  shewed  him  both  the 
letters  which  I  received  on  the  26th  of  June  at  the  time  I  received  it— and 
also  the  letter  which  I  received  on  the  2ud  of  July  at  the  time  that  letter 
came  to  my  hands  :  But  if  the  testimony  of  General  M'Arthiu-  and  other 
witnesses  left  any  doubt  on  this  subject,  it  must  be  removed  by  a  refer- 
ence to  a  letter  from  me  to  the  Secretary  at  war  which  has  been  read  by 
the  Judge  Advocate,  dated  at  fort  Findlay,  on  the  26th  of  June,  which  ac 
knowledges  the  receipt  of  the  letter  from  him  of  the  18th  of  June,  which  I 
h;id  Iheii  received— In  v^hicU  I  say  <'  in  the  event  of  a  icai;"  it  will  be  nc- 


an 


cessary  to  pursue  eerLaln  measures— I  think  this  is  evidence  not  only  that 
the  letter  which  I  had  received  on  tlie  26th  of  June  was  not  tlie  letter  which 
announced  the  war ;  but  that  the  letter  which  I  did  receive  jfave  nie  no  ex- 
pectations tliat  war  was  declared  when  I  wrote. 

It  may  be  said  however  in  the  language  of  some  of  the  specifications, 
that  though  I  had  no  certain  information  of  the  declaration  of  war  when  I 
despatched  the  vessel,  1  had  "  sufficient  Ciusc  to  know  and  believe  tlmt 
var  existed."  As  I  have  said  the  first  letter  from  the  Secretary  at  war, 
dated  on  the  18th  of  June,  gave  me  no  cause  to  know  or  believe  the  fact,  all 
that  is  in  that  letter  which  could  by  any  possibility  be  supposed  to  have 
telated  to  such  an  event,  are  these  few  words. — "  Circumstances  have  re- 
cently occurred  which  render  it  necessary  you  should  pursue  your  march 
to  Detroit  with  all  possible  expedition."  This  was  but  a  reiteration  o^my 
former  orders— In  the  letter  from  the  Secretary  at  war  of  the  9th  of  April,  1 
am  directed  "  to  repair  with  as  little  delay  as  possible  to  Detroif'^^how 
then  was  I  to  infer  from  this  letter  that  war  had  been  declared.  I  did  nev- 
er suppose  that  if  war  was  declaved  I  should  receive  a  peremptory  order 
from  Washington  to  march  my  whole  army  in  all  events  to  Detroit;  there. 
by  leaving  the  enemy  at  Maiden  eighteen  miles  in  my  rear,  directly  on  my 
line  of  communication,  with  all  the  facilities  wliich  he  had  by  reason  of  hW 
command  of  the  waters  to  cut  off  my  supplies.  Such  an  order  appeared  td 
me  so  inconsistent  with  my  military  experience  that  I  did  not  suppose  it 
could  liave  been  founded  on  a  declaration  of  war,  or  even  on  a  prospect  of 
immediate  hostilities.  I  did  suppose  that  in  the  event  of  a  war  a  discretjofl 
would  have  been  left  to  mc  to  conduct  my  troops  in  such  a  manner  as  I 
might  judge  from  circumstances  would  be  most  conducive  to  their  securi- 
ty, and  most  likely  to  effect  the  destruction  of  the  enemy — and  that  I  sliould 
have  been  left  at  liberty  to  post  my  army  in  what  I  might  think  the  mosi 
advantageous  situation — I  did  suppose  that  when  it  was  seen  that  war 
would  be  immediate  and  iivevitable — I  should  have  been  informed  of  mea- 
siu-es  taken  to  reinforce  me,  and  to  keep  open  the  road  which  it  was  fcnowhi 
I  was  obliged  to  make  for  near  two  hundred  miles  through  the  wilderness, 
and  en  whicli  my  army  must  depend  for  its  supplies — I  did  suppose  tliat  i 
should  have  been  informed  of  co-operations  intended  for  my  support,  ahd  of 
means  provided  for  my  communicating  with  those  wlio  might  direct  those 
co-operations — and  I  did  suppose  that  I  should  have  been  informed  of  mea- 
sures taken  to  obtain  the  command  of  the  waters — All  my  intercourse,  as 
well  previously  as  subsequently  to  my  appointment,  as  I  shall  liereafter 
prove,  witli  the  executive  officers  of  the  Government,  gave  me  reason  to 
expect  that  all  these  measures  would  be  pursued  in  the  event  of  a  war. 

How  ^len  was  I  to  undci-stand  from  this  simple  i'ltimation  that  circum- 
stances had  occurred  which  required  that  I  should  pursue  my  march  to 
Detroit  with  expedition — that  war  was  actually  declared,  or  immediately 
expected?  Besides,  it  naturally  occui'red  to  mc  that  if  the  circumstantes 
alluded  to  by  the  Secretary  were  a  declaration  of  war,  or  sucli  ;is  would  Im- 
mediately lead  to  it — I  should  be  told  so  explicitly — I  could  conceive  ivv 
reason for^mahing his  communications  tome  in  ambigvious  terms. 


But  it  may  be  said  that  General  M'ArthurhM  proved  by  the  testimery 
WhicJi  he  lus  given  relative  lo  conversations  he  had  with  me  when  I  re- 
ceived Uie  letter  from  the  Secretary  at  war  on  the  26th  day  of  June  and 
when  I  despatched  the  vessel  on  the  Ist  of  July,  that  I  had  "sufficient 
cause  to  know  or  believe  that  war  then  existed." 

General  M'Arthur's  testimony  on  this  subject  is  as  follow. :  "On  the 
eremng  of  the  26th  of  June  an  express  arrived  from  Chilicothe  bearing  u 
letter  for  me,  another  for  General  HuU-I  went  with  the  bearer  to  General 
H.iU.who  opened  his  letter  and  handed  it  to  me-it  was  from  tl»  Secre. 
tary  at  war.  dated  18th  June.  1812-It  stated  that  circumstances  had  occur- 
red that  made  ,t  necessary  tliat  the  General  should  proceed  to  Detroit-tak. 
measures  for  defence,  and  wait  for  furtlier  orders.  1  also  received  a  letter 
from  a  friend  quoting  a  postscript  to  a  letter  from  General  Worthington 
a  senator  m  Congrese,  which  postscript  said  « before  tliis  reaches  you  war 
will  be  declared.'  I  stated  to  t  he  General  that  Colonel  Dunlap  the  bearer  of 
the  express  had  told  me  that  before  that  time  war  was  declared.  The  Gen- 
eral  then  asked  me  what  I  thought  of  the  Secretary's  letter-I  said  I  tho.^ht 
It  a  notice  of  a  declaration  of  Wiu-_the  General  said  it  seemed  very  much 
like  it.-Thc  General  and  I  had  a  great  deal  of  conversation  on  the  intorma- 
tion  we  had  from  time  to  time  received,  and  wc  appeared  to  agree  that  wai- 
Vras  certainly  declared."  * 

General  M'Arthur  further  testified  that  on  the  morning  of  the  day  on 
Which  we  left  the  encampment  near  the  Miami-"  the  General  sent  forme 
to  his  tent  and  stated  that  he  thought  of  sending  the  baggage  by  water 
from  that  place-I  said  I  thought  ,t  hazardous-that  possibly  the  British 
might  have  mformationrof  war  and  might  take  the  ressel-tjie  General  re- 
plied he  could  not  imagine  there  was  any  danger,  Uie  wind  was  fair  and 
the  vessel  would  pass  in  a  short  time,  adding  Uut  he  could  not  take  upot. 
himself  the  responsibility  of  carrying  on  the  teams  any  furthei^I  think 
there  was  a  verbal  or  written  order  to  embark  the  baggage-I  stated  to  Ih. 
General  that  I  did  not  like  to  send  on  my  baggage ,  but  if  it  was  a  general 
order  it  must  be  complied  with.  We  proceeded  on  towards  Detroit-snd! 
on  the  first  or  second  evening  after  the  commandants  of  corps  were  called 
to  the  tent  of  Gen.  Hull  and  were  informed  that  a  letter  had  been  receitred 
ftom  ihe  Secretary  at  war  announcing  the  declaration  of  war." 

The  witness  further  stated  in  some  part  of  his  examination  that  notvith^ 
standing  the  order  he  sent  nothing  by  the  vessel  but  his  mess-boxes. 

I  must  beg  leave  first  to  remark  to  the  court  that  this  testimony  of  Gen 
M'Arthur  aifords  strong  evidence  of  the  fallability  of  his  roemory-for  he 
states  that  the  letter  from  the  Secretary  of  war  which  I  shewed  to  him  at 
fort  Findlay  on  the  26th  ofJune,  ordered  me  to  proceed  to  Detroit,  take 
measures  for  defence,  and  wait  for  further  orders.-An  order  to  prepare  for 
defence  would  have  been  a  much  more  significant  intimation  of  a  declara- 
tion of  war  than  any  thing  the  letter  contained.  A  copy  of  the  letter  fur- 
nishedbythe  war  department  is  before  the  court  and  will  prove  how  far 
General  M'Arthur  can  be  mistaken.  The  expression,  which  he  gives  as 
having  been  contained  in  the  letter  which  he  saw  on  the  26th  of  June  are 


contained  in  the  letter  announcing  the  war  which  wa»  shown  to  him  on  tiid 
2nd  of  July.  It  cannot  be  pietended  tliut  he  might  have  sera  tlsis  last 
mentioned  letter  on  the  26th  ofjiine—bccuusc  if  that  had  been  bo  there 
could  not  have  been  after  the  explicit  information  contained  in  that  letter, 
any  such  debate  as  he  states  there  was  between  us  on  the  26th  of  June,  M 
lo  the  possibility  of  war  having  been  declared.  I  do  not  mean  to  charge 
Gen.  M' Arthur  with  a  wilful  misrepresentation— I  have  no  doubt  but  that 
the  zeal  which  he  has  manifested  for  my  conviction  has  led  him  into  this 
mistake.  As  tliis  is  the  liighest  cliarge  against  me,  he  probably  has  felt  the 
most  anxiety  that  it  should  be  substantiated—and  his  mind  has  adopted  «■ 
the  impressions  of  his  memory  what  are  only  the  results  of  his  wishes.  I 
marie  this  inaccuracy  of  Gen.  M' Arthur  the  more  particularly  to  shew  that 
inasmuch  as  he  was  so  materially  mistaken  with  respect  to  the  contents  ■«*■ 
the  letter,  which  he  states  he  had  in  his  hand,  and  deliberately  perused,  and 
liasconfounded  what  passed  at  one  time  witli  wlmt  occurred  at  another, 
he  may  very  possibly  be  as  far  mistaken  in  relation  to  tlie  conversations  ho; 
has  related. 

I  do  aver  that  in  respect  to  the  ronversation  which  he  relates  as  having' 
passed  between  iis  on  the  26th  of  June,  he  is  mistaken ;  or  rather  he  repre- 
sents it  in  a  manner  calculated  lo  make  impressions  altogether  different 
from  what  in  truth  it  ought  to  do.  After  he  had  informed  me  of  the  letter 
he  had  received,  quoting  the  Postscript  from  General  Worthington— and. 
after  he  had  communicated  to  me  what  had  been  said  by  Colonel  Dunlap 
the  bearer  of  the  letters,  I  might  have  said  it  seemed  like  war,  or  made  use 
ofsomeexpressionofthatsort— butldeny  thati  c%'er  said  that  the  Seem- 
iary'g  Utter  seemed  like  wai'— on  the  contrary— that  letter  induced  me  i» 
suppose  notwitlistanding  the  Postscript  from  Gen.  WorthingtMi'and  the  in- 
formation of  Col.  Dunlap,  that  war  could  not  have  teen  declared. 

I  beg  the  court  to  remark  that  neither  the  postscript  or  the  information 
of  Col.  Dunlap  did  state,  or  could  have  sUted,  that  war  was  dcclai-ed,  but 
merely  gave  tlieir  opinions  that  war  would  be  declared  by  the  time  the 
letters  were  received,  without  stating  any  grounds  for  their  opinions- 
considering,  however,  the  opinion  of  Gen.  Worthington,  as  coming  from 
a  8«urce  entitled  to  great  respect  and  cons'deration,  it  induced  mc  to 
tliirJc  it  possible  that  war  might  have  been  declared— But  wlicn  I  found 
day  after  day  passing  without  intelligence  from  the  government-^whcn  r 
found  that  on  the  1st  of  July  five  days  had  elapsed  since  the  arrival  of  Col. 
Dunlap,  and  when  I  felt  confident  that  not  a  moment  would  be  lost  in  des- 
patching a  messenger  to  mc  whenever  war  was  declared— I  was  satisfied 
that  the  information  which  had  been  communicated  to  me  througli  Gen. 
M' Arthur  had  no  other  foundation  than  those  rumors  and  expectations 
which  had>4}een  so  long  afloat  throughout  tlic  country.  One  circumstance 
was  a  strong  ir.ducenvent  to  believe  that  the  relations  of  peace  with  Great 
Britain  had  not  been  interrupted.  When  I  left  Washington,  the  secretary 
of  wai-  had  told  me  it  was  not  expected  that  w.-ir  would  be  declared  before 
the  4th  of  July.  This  is  a  fact,  though  the  secretary  of  wai-  has  answered 
to  Ihc  ninth  intm-ogatory  acTdressf  d  to  him  th.it «'  he  had  rot  such  a  recol- 


WtJoi  6f  tlie  conmsation  between  u»  respecting  the  probable  time  of  tht 
JicWaiion  of  war  as  to  enable  i  m  to  answer  satiMfiictorily  on  that  sub- 
|ll^"--But  as  I  lud  not  on  the  1st  of  July,  when  I  despatched  the  vessel 
IwtAvei  myself  any  information  of  the  declaration  of  war,  1  wa«  to  pre. 
wnit  tfcat  the  enemy  could  not  have  been  apprised  of  that  event  It  app,  .red 
twme  an  inadmissable  imputation  on  the  administration,  to  suppose  it  pos- 
•iHe  that  they  would  suffer  infortnation  of  intended  hostilities  to  be  con- 
f«9^^  Uie  enemy  before  it  could  reach  their  own  General.— Tet  it  was 
ftWteen  days  after  war  .yas  declared  before  I  had  any  information  of  it— 
1*«ogh  it  appears  that  a  letter  from  the  secretary  at  war  written  on  the 
18th  of  June,  had  reached  me  at  tort  Fi  ly  in  seven  day»--and  an  attention 
<»>  the  dates  of  the  correspondence  between  me  and  the  war  department  will 
4iew  that  the  communication  between  the  city  of  Washin^on  and  the 
*my,  even}  when  it  was  in  Canada,  mig  \  be  made  in  eight  or  ten  dayi. 
la  <h«  secretary's  letter  to  me  of  the  lat  of  August  which  has  been  read, 
IM  acknowledges  the  receipt  pf  mine  of  the  19th  of  July  by  Capt  Curtis, 
Vho  left  my  Iiead  quarters  at  Sandwich  on  the  20th  of  July— I  never  hewd 
Ib&t  inyldupUcate  of  the  letter  of  the  18th  of  June  was  written  to  me,  or 
tbtfc  the  letter  was  delayed  by  any  accident.  Nor  do  I  know  that  any  lettee 
WM.written  to  me  by  the  administration  after  the  war  was  declarad,  ex. 
t«pt  the  one  of  the  18th  of  June,  until  tlje  24th  of  the  same  month,  when 
ids  days  h«d  ebpsed.  A  letter  written  at  Washington  on  the  18tli  of  Juno 
Blight  hare  reached  me  by  express  in  five  days— But  the  letter  which  was 
t»9iwem«:the  first  information  of  the  war,  if  it  left  Washington  on  the 
IStber  19th  Of  iune,  could  not  have  travelled  at  a  greater  rate  than  thir^ 

;I  tiibdc  eft»  this  statement  the  court  will  not  say  that  it  was  treaionadU 
in  me  to  conbiude,  tliat  it  was  impossible  the  administration  should  have 
left  we  ignorant  of  the  war  when  it  might  be  known  to  the  enemy. 

'  Hbeg  to  direct  the  attention  of  the  court  to  the  testimony  of  Gen.  Case 
ti}taiitikis  pomt.  He  had  a  perfect  knowledge  of  all  the  circumstances 
with  which  Gen:  M'Arthur  and  myself  were  acquainted— he  had  seen  the 
letter  of  the  18th  of  June  from  tlie  secretary  at  war,  which  I  received  on 
llie  36th.  He  knew  what  information  Cien.  M'Arthur  had  received  from 
his  cwrespondent  and  from  Col.  Dunlap.  He  testifies  that  when  the  vessel 
was  despatched  from  tlie  Miami,  he  had  no  reason  to  believe  that  at  that 
i'mti  t  knew  of  the  war.  He  had  no  conversation  with  me  which  coidd  in- 
duce such  a  belief.  He  sent  his  own  baggage  and  servant  by  the  vessel, 
Vhich  on  liis  cross^xamination  he  says  he  certainly  should  not  have  done 
if  he  had  had  any  thought  that  war  then  existed. 

But  it  appears  that  immediately  after  the  receipt  of  the  letter  announc- 
ihg  to  me  the  declaration  of  war— I  used  every  possible  exertion  to  recal 
the  vessel— I  refer  the  court  on  this  point  to  the  testimony  of  Capt.  FuUer. 
This  conduct  is  entirely  inconsistent  with  the  criminal  intentions  tvhick 
are  imputed  to  me  in  respect  tc  this  transaction. 

It  remains  for  me  to  notice  that  part  of  this  charge  which  states  that  1 
I»iit  on  bojird  the  army  documents  and  papers  whereby  the  ^my  w«re  mnde 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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WEBSTER,  N.Y.  14580 

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ac^uiuDted  wUk  tUe  force  of  Uie  wra^y,  tbe  designs  of  tUe  govetoneAW  an^ 
with  the  deoUratUm  of  war.  ;  ,,,  , 

Jtito  not  he«itote  to  wOnaowle^te  ^at  it  was  improper  to  tnist  thej 
iiHWnts  yfhkih  were  pui^  on  bokrd  that  reuel  to  such  a  conrc^ance*  < 
j(9r  me  to  pait  with  them  in  any  ifiy,  whether  in  peace  or  war— Btttj 
|t  haf),  Mtinfiu^toi'ily  appeared  to  the  cokrt  froni  the  teatiiaony  of  < 
V  |lullrUj^f  ibis  irat  owinf  to  an  accident  which  might  hafe  ha|i 
the  most  careful  commander. 

I  bad  ordered  iny  baggage  to  6e  {Ait  on  board  the  reBael,  not  i 
it  possible  that  the  trunk  contuning'  my  papers  could  have  been  consi^ 
by  my  aid<de<4^ntp  included  in  that  order^nd  it  was  not  until  j»£U 
vessel  hfd  (parted  that  with  eqilal  surprise  and  regret  I  leamtth»t%ii^O 
ajd^le^ainp  had  with  my  baggage  shipped  a  trtJDnk  which  contained  Ml^;-' 
ing  but  papers.    There  is  one  allegation  in  this  charge  that !  feel  li^jNjw 
auti^iiEi^  to  repel  with  some  indigmtiwi— because  I  thini:  it  cOtuaimQr 
hn^^pcn  ipftde  with  a  view  to  exculfiate  oUiers  from  ihi8condui>|'l^vur^ 
expeiice,  by.  an  atfcejmpt  to  make  it  be  believed  that  the  eniemy  diSs^wJ^* 
knowledge  of  tiie  war  from  tlie  capture  of  th^s  vessel.    If  thi»  '^er*  ^^' 
how  is  it  to  be  accounted  for  that  the  enemy  shbuld  have  asstiledf  iKa  )&'* 
hostile  maimer  before  she  was  captured.  ,  .  ^  ^ .  >.a- 

The  court  will  recollect  that  <Acut;  hooding  states,  that  Whei^4eaii«r 
^  off  B,oi*-blane  Islandythe  enemj^s  arriied  hrig  Hunter  bow;  mtwn'^f'^* 
her  and  that  she  was  pursued  by  a  Batte?iu  from  Mtelden  lll^d  w! 
nien-^ttt  that  the  sugges^tothat  the  enemy  derived  their'W  ^ 
the  tteoburpition  of  wur  frgm  the  papers  found  on  board  the  vessel, ^^^ 
led  by  the  fSiCt  that  this  vessel  had  no  documents  on  board  whW<»a|OB^ 
sibly  give  them  that  information  she  cWUd  not  have  lMd->f<;r  fha^  _   ^^ 
documents  in  my  possesion  at  the  tithe  she  sailed  from  thle  nplSiot  wj^' 
lifiami.  it  is  al*o  a  ftct  that  is  no^w  ncUnrious  that  tlie  enemy  liad^retieiy^' 
information  of  the  passingof  the  act  declaring  war'several  digra  befc«'|f  tad 
taty  cbmmuhicatton  frbiti  WashingtoH  on  the  subject.    It  is  vtnagaibglKmi 
as  it  is  unjust  to  charge  the  enemy's  prior  knowledge  of  the  ptcjUiitiam  '<k 
w4r  to  any  act  of  ,tnine.    I  have  no#  closed  my  d^tbnc^  on  tKs  firsilM&i. 
iicatlon  under  the  charge  of  treason— and  althbugh  I  parsiirt  at  njy  objeo- 
ticrn  to  this  court's  taklngeogai?fcnceof  tbatta^me--yetlha»egiren  iSa 
chazge  a  full  exam^kiation— because  the  «ame  f^(:ts  are  spj^cified  under  the 
chiurge  of  tinofficfep-like  cohductr-ind  I  sh*ll  rply  upon  «^at  I  have  Ibqw 
said  fer  my  virtdkatibn  against  ^  specificatloh  which  relates  t6  ''*6ii' 
subject  under  that  charge. 

To  sustain  this  charge  of  treason  there'are  t,wo  other  specifications»-one 
i«latingto'11>e^^posed  delay  in  atta^ing  linden  and  the  retreat  from 
Sand  wich,  the  othier  to  t^e  surrender  of  Detroit—But  as  there  is'  a  i«potition 
of  iii^  specifications  under  the  two  other  charges— t  shall  not  now  notice 
tbem  ftirther  than  to  obser^  that  these  specifications  under  the  charge  of 
^i^ason,  allege  that  the  delay,  the  r«tr^t  and  tlie  surrender  wetfe  all  in 
pursuance  of.a  traitoifo«is  cpmbinatioh  f«d  conspiracy  between  me  and  cer^ 
tain  enen>ics  of  the  United  States,  whoso  names  arie  unknown.    Jf  the  court 


coiiu 

a 

lined  ftc^ 
cuxmst » 

118  VftttW 


lilpiiiliplpi 


aduMsaen 


loiBetfcio'Bi 

piren  i9to 
under  the 

AS  to  '^»' 


ttions»MMje 
treat  ftcfih 
I  t^potitkift 
now  notice 
:  charge  of 
went  all  in 
le  and  cer' 
f  the  coari 


hf4  r^gBisnee  sf  thii  crime  of  treuoii»  I  could  vol  be  ecmvictad  vaim 
r  .flWc.tnhoroaf  oppibutatum  and  conapiraey  ^rc^  jyroved:    I  iai(^t  ^ 
iv  irase  ia  the  erkltiiiee  pf  any  cmaliiinAtiOn  or  Cflfnapixacy  tbetvcen  ne  Npl 
'—But  I  forbear  with  inctignation  from  tihe  ezamioatiaa  of  such  « 
oour  wlien  the  court  has  before  it'aU  the  testimony  that  the 
IffhtfM  of  my  ]^<osecutors  have  been  able  to  bridg  agunst  n^,'I  ask 
ia  judge  innn  what  maligtaant, source  the  information  wbick could 
^foopted  this  ctuirge,  miist  have  been  drawp.— Some  of  the  wit^: 
•  ,mo  have  testified  against  me  most  liave  fbrnished  the  matoii^ 
l|^4^h  the  gentleman  employedby  the  govenuneni  to  flraine  the  clugrgv 
CK^iptut  hAve  drawn  them^    T^Y  mu^t  then  have  made  suggestions  ta 
il^',1flitdii  they  dare  not  attempt  to  support  by  theb  own  oaths  6t  by  One' 
,||il'i»j)f^of  i^oo^  and  which  could  have  resulted  onfyfirom  th^  bitter- 
i|^<i^,jybm  own  hearts  towards  me.  ' 

,  l^^m^t  to  the  arrangement  of  my  defence  which  i  have  before  s|^|M»it. 
tOf^-UMlfiext  consider  the  specifications  which  chamre  me  with  ^Ibb 
^  in|VtKH^uct,  in  delayinji;  tp^  attack  Maiden— in  withdrawing  tho  army 
<^  Si!'''^"*  "^  in  mailinjg'  the  faal  surrender. 

xubreiref  as  I  have  sud,  accusations  which  are  lUrt  imniediately  c<nu 
k,  these  txujiactipns,  andthrae  I  shall  notice  intiie  course  of  my 
^il^'ll^I  should  Mtisfy  this  court  thut  these  Cardinal  accusatiqidtf 
;  tiiat  the  measures  to  which  they  refer  were  fit  imd  proper, 
f^umstances  re^uir^d— or  if  it  diould  how  appear,  that » 
^  m'  respect  to,  either.of  thefC  measures  ought  to  have  been 
^^•|i^ijt'I  should  satisfy  the  members  of  this  court,  t^t  in  my  con* 
-^c.  tmofTjj^ees  occasions  I  have  been  actuated  by  the  purest  motives  and  a^ 
•ipi|^af^^i^  i'truit  I  shall  not  be  judged  crimimd-A  shall  not  pretend 
tj^i  ima;^  QQ^  h«re  erred—but  etp>r  and  crime  are  not  convertable  t«rms. 
J1;B^iN|,|  A^B^itod  a  cqtnmissibn  from  the  gavemmen VT  pledged  to  thdii 
]|^^|IQ^ic  zeal  and  ^ility  in  discharge  of  the  duties  of  ^^  o£ce  they 
''u^liw^ahd  I  tnut  that  pledge  wiU  not  beconsidei^da^ 
i^DU^  aj^>e»r  to  this  court  that  on  some  occasions  n^y  judgmoit 
misdirected  me.   The  professi<m  of  a  soldier  would  hot  be  longer. 
h^i^^ne^ef^e,  if  neither  the  purest  intentions  .or  the  mopt  zealous  exfertioaa 
Cj^l^^c^  hi|n  from  criminal  ini^uUtions  on  the  enors  of  his  judgment, 
'^  ^sse^  B|jr.  President,  on  these  points,  as  well  as  <m  all  others  witt ' 
be  a  relation  o^  facts  and^  circumstancdati,  and  an  exposition  of  the  ctms^cr- 
ationa,  and  motives  which  have  governed  tily  conduct. 

,  You  cannot,  gentiemeo,  form  a  just  decision  ^n  my  clue,  nor  judge Ctf 
tlw  considerations  which  have  influenced  my  conduct,  uid^  you  under-, 
stand  what  w^ ye  my  views  and  tine  views  and  expectations  o^l^e  execiltivs 
officers  of  the  government  of  the  tTniited  States,  in  respect  to  the  l^orth* 
western  army—its  relations  and  objects  when  1  accepted  n^y  commission 
in  April,  1812.  •        : 

I  feel  some  smbarrasoAiehi  in  presenting  to  you,  this  part  of  my  case- 
Jam  well  aware  that  it  mqrbe  said  that  I  am  attempting  to  exculpate 
aiyselfby  censuring  others— I  well  know  too  th»t  the  poIiticJd  ftellngs  of 


* 


i 


SQ^uij  famau  ue  «»  Mtuj^te  tnd  warm,  that  tli«  tlif ht«st  lmpt(tatl«»  dP; 
misconduct againtt  th0  adminiatration  will  excite  their  prejudice!  aa^  , 
thjipwich  luvjudicea  are  the  more  likely  t*  be  rouaed  when  th«  d|iairfi{|  ' 
are  made  by  one  who  is  prosecuted  by  the  administration— But  f^tlOMtl 
I  shall  say  nothing  of  ^  officers  of  the  govemment  that  ia  not  smi^drli4( 
hy  irre(ragid>le  testimony-^  sh^l  only  present  for  your  considerationiMMt 
which  »re  {woved  by  documents  before  you,  and  shall  make  no  obs^rvlMiMif  ^ 
19011  them  which  are  not  obviously  and  absolutely  necessary  fiwttydl- 
femBerrMuch  ^less  shaU  I  attempt  to  charge  the  administration  wi^  «7 
wilful  misconduct.    I  believe  every  member  of  it  to  have  been  aptwKled 
by  the  piuest  motives  and  the  most  ardent  zeal  in  preparations  ^r^.d^d 
proseention.of  an  inevitable  war.    A  war  in  which  I  should  never  ha^te^  mh 
listed  had  I  not  believed  it  both  just  and  necessaiy-Hind  while  my  counfigr 
is  engaged  in  such  a  contest,  let  my  former  services  to  her,  let  my  ifefiiwr 
chiHM^  shield  m^  from  tlie  suspicion  that  I  would  voluntarily  say  t$tt 
won^$ttt  shall  lessen  the  cmiiidence  of  my  countrymen  in  those,  undw.>wh<)l|B 
auqiiiees  our  battles  must  be  foaght<<--and  by  whose  wisdom  and  stieiii^ 
pur  misfortunes  are  to  be  redeemed,  and  our  honour  is  to  be  saved. 

But  in  my  own  vindication^,  and  in  defence  of  that  honour  which  the  go-_ 
vemraent  have  now  put  at  stake,  I  am  obliged  to  say,  that  the  army  1  ^f^m 
manded  had  net  that  co-operation,  and  support  which  when  I  accepted  lily 
commission  the  goviemment,.gave  me  reason  to  expect — and  wijiDsutj^^ 
prospect  of  which,  I  should  never  with  the  force  that  was.pUcfd.miicffBd, 
my  command  have  thought  of  carrying  on  offensive  operationa  against 
Upper  Canada—nor  even  have  placed  my  army  unless  in  pbed)^)^  tn 
orders  in  the  situation  in  which  it  was  after  ifs  arrival  on  ti|y;  wat^n^pf 
Lake  Erie.  , 

ivhen  I  accepted  the  command  of  the  North*westem  army,  I  did  not  aup< 
]>pse  that  in  the  event  of  a  war  with  Great  Britain,  the  fprce  of  .that  army 
would  be  adequate  to  conquer  Upper  Canada— Nor  did  I  believe  that  the 
administration  had  such  an  opinion :-— But  on  the  contrary  I  did  understand, 
and  such  it  will  appear  was  the  understanding  of  the  cxecutivie  officers  o^ 
the  govemmentftthat  in  the  event  of  a  war  the  operations  of  my  army  would 
be  strengthen(^d  and  secured  by  a  competent  naval  force  Jon  Lake  ISrie,  and 
by  the  direction  of  other  forces  against  the  enemy's  territory.  Hac^ 
these  expectations  been  reali^edi  instead  of  having  linge^d  out  so  many 
months  as  a  proaecnted  crimiiial,  instead  of  now  standing  before  you  as  an 
accused,  |  might  still  have  ahared  my  country's  confidence*-r'The  ipql 
charges  to  which  I  am  now  to  answer  wonld  not  have  thus  blasted  the  lau- 
rels of  my  yputh-r-But  even  in  the  wilds  of  Canada  and  amidst  these  whit- 
ened lopks  thj|^  flight  ha^e  retained  ti^  pristine  verdure. 

I  proceed  gentlemen  to  torn  your  attentipn  to  the  documents,  by  a  refer* 
euce  to  which  I  mean  to  sheijf  what  were  my  views  and  expectations,  and 
what  I  had  a  right  to  suppose  were  the  views  and  expectations  of  the  ad- 
ministration on  the  subject  which  we  are  now  considering. 

The  first  paper  read  by  the  Judge  Advocate  was  a  meinprial  addressed 
hy  n^«!  in  }809,'tp  U^e  then  secretary  at  ww> 


H 

'  from  thbmemoriAl  the  ft>llo«riiir>«iiextifiK;t: 
;  "  My  residence  at  Detroit  tqit  four  yews  has  giren  me  funie  fewywiU^lgf 
9f  our  Mothwn  «iid  Wettem  ftoi)Uer-HU)d  I  take  tlie  Uberty.^f  coma|p. 
^ftktg  to  you  such  facts  as  have  fallen  tinder  my  observ^tiot).  The  <^. 
(MtlitkVt  ftinned— and  the  measures  which  »^p9ir  jto  109  ti»e  m*%!!SI^ 
ffiait undbrthpexistii); state  of tbiings.**         *         >,  ?^    j  v-    ' 

^  ^<i4k^  f  taritty  of  suggestions,  and  among  others,  (Jut  ^owgh  ^nvr  «h««Ul 
4(>tlili»]tlaee,  it  would  be  nepessaay  to  have  a  larger  force  in  Vj^ptr  Pamdn 
thiiiyu  then  ther&!r>the  memorial  is  as  follows : 

'*'^%  fwH  likewise  suggest  for  consideration  the  eypedieocy  of  building 

^KtiM'imied  vessels  on  Lake  Erie,  for  the  purpose  of  preserving  the  com< 

'pmAemkn-^r^ontider,  you  have  (^  mUitary  potf  to  the  NwlOi  and  West 

^tiie#9  waters,  and  no  other  communication  with  them^^ 

mf%%  |g  \jf^  this  memorial  was  written  in  time  of  peace-rbut  tl){p  suggestion 

'Ipi  to  the  nival  force  could  only  be  with  reference  to  it's  use  in  vd^'#||}o 

^^t  Know  ^r  what  purpose  this  memorial  was  read  by  the  Judge  Advocfte, 

uttlasit  it  Were  to  shew  of  what  iniportanee  I  thoiig^t  our  possesst^'Oil'De'* 

ttoit^rrSir*  my  opinion  on  that  subject  has  ever  been  and  is  yet  the  same  ^M 

Is  >kpressed  in  that  memorial~r-I  thought  'Uie  administration  had  the  same 

<^|ientiments— and  therefore  I  was  the  more  firmly  persuaded  that  tiie  |d^ 

^MitiliMelUdtt  would  have  taken  vttry  pcssible  means  to  support  the  army 

^^ichwsis  sent  Sav  it's  protection.    At  the  moment  I  wa9  sunmdering 

•  li^t  Ibrtress,  a  conviction  of  it's  grt^^t  importance  ineroased  tl^  v^isoant 

'  ^its^^  I  fdt  fbr  the  necessity  of  thr  measure. 

Oh  the  6^  of  March,  1813,  which  was  about  a  month  before  I  was  i^pomt- 
e(lt<ir  a  command  in  the  army,!  addressed  another  memorial  to  the  admin* 
istration  which  is  so  important  to  shew  my  vi  w%  wUh  respect  to  the  force 
to  be  directed  against  Upper  Canada  in  the  event  of  a  war,  that  I  beg  leave 
to  read  the  uliqle  of  it-~|t  is  in  the  following  words : 

«<  WasuirsToir,  6th  March,  1812J 
(COPY.) 

"Sin, 

*•  Tnc  prompt  manner  in  viitch  you  have  adopted  measures  foi* 
the  protection  of  Detroit  and  th«  other  settlements  in  the  territory  (^ 
Michigan,  inspires  me  with  confidence  that  such  ulterior  arrangements  will 
speedily  be  made  as  the  peculiar  situati<m  of  that  section  of  the  United 
States  may  require. 

«'How  far  the  measures  already  adopted  will  give  security  to  ^at  part 
«f  the  country  in  the  event  of  war  with  Great  Britain,  is  a  subject  worthy 
of  consideration.  , 

«  Officers  of  a  company  have  been  appointed  with  orders  to  recruit  in 
the  territo'*y.  s. 

'*  The  ;>ecretary  acting  as  goyemor  has  been  authorized  to  make  a  de« 
|:^c^ment  of  four  companies  of  milit'.M  and  call  then)  into  actual  sefTioe. 


wtm 


"Wf 


mfmmmm 


«Tlie  meimuasialimtee  of  fort  Detroit  hat  been  directed  to  ereetbat^ 
tari^^on  the  buifa  of  the  river  Detroit  for  the  protection  of  the  town.      '  ',* 

«^^Jile«t,  u  incipioit  meuures  I  very  much  approve,  and  was  particidwl 
ly  pkaaed  with  the  decisive  manner  thejr  were  adopted.  It  miut  be  i^^ 
JPfnt  however  t|*qr  add  mphatieal  atrenyth  to  that  aection  of  the  oQuntfy;.t 
The  force  alrrady  there  is  only  better  organiaed  and  prepared  to  be  c^fed(' 
into  actioB.  By  comparing  this  force  with  the  force  which  may  be  op|»i^* 
ed  to  us,  wUl  evince  tWnecesaity  of  additional  means  of  defence,  if  the  t£* 
ritory  is  worth  preserving.  >   li 

♦•  In  the  fort  of  Detroit  1  undeistand  by  tlie  last  returns  there  are  leatl 
than  one  hundred  regulars—the  population  of  thfe  territory  is  lesn  than  4vis! 
thousand— and  this  population  of  the  territory  principally  of  Canadian, 
CharacteiwCbnnectcd  with  the  post  of  Detroit,  and  three  hundred  ipilcti 
^""^i"?  *^®  "^**  **'  Micbilimackinac,  where  U  a  fort  garrispnea  by  i| 

*^**"^P^^  ***"*■"•    *'*"■  *^®  ^''"*  ^"'*  of  Lake  Michigan  on,th« 
^^^to«'de  is  fort  DearbMn,  likewise  garrisoned  by  a  eompany  of 

"  This  is  all  the  force  on  which  we  can  at  present  calculate  for  tlije 
safety  of  our  frontier  and  for  the  protection  of  the  Indians  which  the  Unit- 
ed  States  are  bound  by  treaties  to  afford. 

«  No  support  can  Be  derived  from  tlie  ladian  Nations,  even  in  tlie  eirent' 
of  war,  because  pur  officers  'are  instructed  to  advi»e  them  to  renaain  neu- 
tral—and  not  to  accept  their  services  if  they  should  be  offered.        '    f    ' 

*'  I  will  now  consider  the  British  force  opposed  to  this  part  of  tbip  Unit* 
ed  States. 

•*  A  fort  at  Amherstberg  at  the  mouth  of  the  Detroit  river,  garriapne^^ 
by  about  one  hundred  British  troops— another  fort  on  the  island  of  H%  :fo-  [ 
teph's  at  the  mouth  of  the  river  St.  Mary's,  garrisoned  by  about  6fty. 
British  troops— two  armed  ships  on  Lake  Erie,  which  command  the  waters, 
and  would  prevent  all  communication  from  the  States  through  that  chan.^ 
■d— a  population  of  at  least  fifty  thousaiid  in  that  part  of  Upper  Cana^ 
which  is  connected  with  the  Detroit  river  and  Lake  Erie,  and  could  eai^ly 
be  brought  to  operate  against  our  settlements— about  four  thou8|m4  mcn,^ 
principally  Canadians  employed  in  the  Indian  trade  and  under  Britisjli  in- J 
fluencc— fnd  lastly  may  be  reckoned  all  the  Indians  in  Upper  Canada,  and  a  v 
large  proportion  of  the  powerful  nations  residing  in  the  territory  pf 
the  United  States,  who  now  hold  a  constant  and  friendly  intercourse  'ji;ith. 
the  British  agents,  and  are  liberally  fed  and  clothed  by  the  bounty  of  the  ' 
British  government 

"It  appears  firom  tfiis  statement  that  the  British  force  which  can  bo 
brought  to  operate  agiunst  us  in  the  territory,  is  more  than  ten  to  one, 
without  including  the  Indians. 

«  ^t  requires  no  difficult  reasoning  to  determine  what  must  be  the  cout  , 
sequeijpeT-tliat  part  of  the  United  States  must  fall  into  the  hands  of  thp 
British  government,  with  all  the  inhabitants— the  forts  at  CWcaga,  Micji. 
ilimackinac  and  Detroit,  and  all  tjie  public  stores,  with  the  public  an^ 
private  vess^s  on  the  Lake. 


I 


u 

"ttitwUlffive  our  enemies  the  entire  contnand  of  all  the  «euBtcy 
jMh  and  North-west  of  the  Miami  of  Lake  iSrie-and  the  settlementa  oil 
^2^"'  ^^  ***■  ^^  *****  of  Ohio,  will  be  subject  to  the  depredations 
^SjTi^^  northern  nations  of  savages.  There  is  nothing  in  my  opinion 
C»  wewt  of  war)  can  prevent  this  state  of  things  but  an  adequate  force 
*m,  the  Detroit  river,  opposite  to  the  settlements  in  U^jper  Canada.  It  may 
%l^^  1°''  "  ***"  *°''**  *°  !*  placed  there,  and  how  is  it  to  be  supported?  i  | 

-*  J^'^**^""*'***  command  the  Ocean,  we  can  command  the  iidand  Lakes  of 
•ur  coiintiy— I  }iave  always  been  of  the  opinion  that  we  ought  to  have  built 
•?  "?^  ■"°^**  vessels  on  the  Lakes  as  would  have  commanded  them-^we 
i*W  more  interest  in  them  than  the  British  nation,  and  can  build  vesseb 
t^tij  niiore  convenience.  If,  however,  there  is  no  intention  of  the  kiqd, 
wiit'  eommunication  must  be  abandoned  unUl  we  take  possession  of  the 

.  •*TI(iB  amy  which  Marches  into  the  country  myst  open  roads  Mftgii 
*»^^»Me«>eM.  and  the  supplies  and  provisions  of  whatever  else,iiDi9^be 
neeesiit^Vmust  pass  by  land  through  the  state  of  Ohio.    If  the  ^qjuest 
of  .tiie  panadas  is  the  object  of  the  government,  they  wiU  then  have  an 
army  jn  a  proper  situation  to  commence  the  operations,  and  at  the  same 
Unte  protect  the  defenceless  inhabiUnts  and  control  the  Indians  within 
^^  **"^,V*y-    The  answer  probably  may  be,  it  is  more  expedient  to  leave 
«he  Michigan  territory  to  it's  fate,  and  direct  the  force  to  Montreal.    thi» 
wilt  prevent  all  communication  by  the  St.  Lawrence  with  Upper  Canadf^ 
and  it  mwst  of  course  surrender.    In  this  expectation  I  think  it  probable 
there  wtitild  be  a  disappointment— if  a  force  is  not  sent  sufficient  to  oppose 
^British  force  which  may  be  collected  at  Amherstberg  and  it's  vicinity, 
Weti^t,  Mtchilimackinac  and  Chicaga  must  fall--<the  inhabitants  must 
once  more  change  their  allegiance,'  and  the  Indians  become  the  exclusive 
friends  Hid  allies  of  the  King  their  great  Father.    In  the  garrisons  at  these 
places  ih^y  will  find  large  quantities  of  arms  and  military  stores  of  every 
kind.— Upper  Canada  and  our  country  of  which  they  will  be  in  the  posseff- 
aion,  will  Aihiish  them  with  provisions— How  then  will  Upper  Canada  be 
eoiiquefred  by  possessing  Montreal .'    They  will  be  in  the  quiet  possession 
ef'  their  country  and  a  part  of  our's— and  how  are  they  to  be  approached  ? 
You  eannot  approach  them  by  water,  because  they  command  the  Lakes~> 
1ft  a|>pro^hing  them  by  land  you  must  pass  through  a  wilderness  filled 
with  savages  under  British  control,  and  devoted  to  British  interest.    The     ' 
eolufequences  of  such  an  attempt  may  probably  be  best  learned  from  the 
Uiitoiy  of  the  campaign  in  that  very  country  conducted  by  Gens.  Harm^^ 
St.  Clair  and  Wayne.    In  Upper  Canada  they  have  a  governor  who  is« 
Major  Gen.  in  their  army— who  commands  the  regular  troops,  the  militi* 
and  the  Indians— the  whole  force  of  the  country  is  therefore  combined 
under  his  command  and  may  be  directed  to  a  single  point  without  any 
collision. 

\*  From  the  preceding  state  of  facts  and  observations  it  must  be  appa- 
lent  that  forYDetroit  and  the  settlements  in  it's  neighbourhood— and  like- 
wise Michiliiiackinac  and  CMcaga  under  present  ctrcumstanees  are  in  the 


^ 


\ 


< 


J 


WM 


.-^..- 

'  -^X-Hr.- 

;'].^?^ 

■J:'U' 

j'ym 

1 1:    '■'?'«  t 

f&Wtr  of  the  Britith-oABd  th*t  their  p««MHuon  of  them  would  hfdU 
tremely  caUmitous  to  the  United  States.  ^.d 

•«  In  the  event  of  peace  with  England  I  am  of  opinion  that  the  Mrtkgm 
fnmtier  ou(ht  to  be  better  protected  tlun  it  in  at  present  in  the  igfvil^^of 
war— and  the  object  bsiiig  tlie  reduction  of  theprovincet  of  fj^ptf  in^ 
X4>«er  Canada,  I  think  it  must  be  evident  that  the  estabHdhmsnt  «#mt 
turmy  at  tletroit,  sufficient  to  defend  that  part  of  the  country,  eenti«l<^4|i« 
Indiana,  and  commence  operations  on  the  veckest  poihte  of  deflMiWl%f 
the  enemy,  would  be  an  incipieilt  measure  indispensably  necessary^  ^VfllQi 
yespect  to  the  other  points  of  attack  t  shall  make  ifo  obser^-atiiMM,'  k*  I 
probably  shall  have  no  ageticy  ut  them.  In  considering  this  suEJMl  t  Virie' 
endeavoured  to  divest  myself  of  all  local  feeli^,  and  groundedny oMr* 
vationa  and  opinions  on  public  considerations  alone.  ;!\(  '#  '"  '  •  '*'; 

<<^Wo  things  appear  to  me  to  be  certain,  one  is  that  in  the  ^i^ifaf  W«r« 
Will  attempt  to  take  possession  of  tlmt  country,  wit&  4  vi<fW^ 
assistance  of  the  Indians  residing  in  Our  territoi^t  aiidl^ 
otoefpi,  that  under  its  present  circumstances  of  defence,  it  WiH  be  in 
their  power  to  <lo  it.  A  part  of  your  army  now  recruiting  miy  b«  as  irtsll 
supported  and  disciplined  ai  Detroit  as  at  any  other  place.  A  forc«  adeq<lktc 
to  the  defence  of  that  vulnerable  point,  would  prevent  a  war  with  the  aav- 
agea,  atid  probably  induce  the  enemy  to  abandon  the  pr<rvinice  of  trpi>er 
Canada  Without  opposition.  ¥he  naval  force  on  the  Lakes  would  in  that 
event  fall  into  our  pcs8e8sion''^and  we  should  obtain  the  command  of  ^t 
water*  without  the  expense  of  building  such  a  force.  .  .  -'J-  -  ••«  . 

**  The  British  cannot  hold  Upper  Canada  without  the  assiatantld  of  tlie 
Indians,  and  that  assistance  they  cannot  obtain  if  we  have  ah  adciquate 
ibrce  in  the  situation  1  have  pointed  out. 

*•  There  i»  atwther  consideration  very  important.  It  will  do  more  W 
prevent  a  general  Indian  war,  as  far  West,  and  beyond  the  Mi^isld^pi.  thftti 
any  o\het  measure.  The  Indians  cannot  conduct  a  war  wi^out  tiie  assis- 
tance of  a  civilized  nation. 

«  The  firitish  establishment  at  Amherstber^V>s  the  great  emporium 
from  which  even  the  most  distant  Indians  receive  their  supplies.  A  force 
at  the  point  I  mentioned  would  prevent  all  communication  of  tlie  Indian's 
with  that  post— indeed  sir,  in  every  point  of  view  in  which  Ae  sabj^f. 
can  be  considered,  it  appeara  to  me  of  the  first  importaaccTto  ad<»pttfa^ 
msidure.'*      r 

I  I  Mi  very  Respectfully 

Your  most  ob't  servant, 
-  WM.  HUUL.      • 

,  To  tbia  document  i«  annexed  a  copy  of  ft  letter  from  me  to  the  secretary 
at  war,  and  the  two  documents  are  certified  as  authentic  documents  in 
the  following  words : 

^' Copfy  of  the  Original  on  file  in  the  WarwOffiee." 

D.  PARKER,  Chief  Clerk. 

Can  it  be  supposed,  aSUt  this  exposition  of  my  views  of  what  would  b«* 
iheeneroy*.^  force  and  situation,  tb^t  I  could  ever  have  takgn  the  command 


\ 


i#8 

»i|^4>(MH  foarlbuMdred  wgular  troopa  luid  sixteen  t^iulrea  mUitidj  ,ta  «iict 
by  means  of  such  a  force,  without  any  aatiatunpc  9f  toioptwtio^i^im- 
Kj«#»t«f  a  prdVtaw.  a  part  only  of  which  I M  itprfesented  at  «»iM«faunr 
Wky  thmuand  inhahitants  ?    That  |  epu}d  »Wf,w»te»»pUtc4  i»*tU«k  tn 
'mtMmy.htvmg  at  ifa  disposal •  body  of  MgMlvr  tiqMip^,!!!*  tjMttVol 
"ov^caoatteis  savages,  and  the  groat  advantage  of  the  xmwnifKiAtjtJbe 
■iAkea  and  w«ten^   This  memorial  was  received  and  i^iproved  by  the 
S«»verinteht.   This  in  itsfelf  is  proof  of  their  adoption  of  ita  aentimenta-4uid 
,tllilt  it  was  their  opinion  as  well  as  mine,  tltat  in  the  event  of  a^tvar,  such  an 
»rai|jr«swaaput  undw  my  command  could  do  i^>thing  (^enivc,  without 
Wf  I^^MVal  force  on  tiae  upper- l^es~-and  without »  co-^^teratioa  on 
^^BNnrpifta  of  tftc  enemi<^s  tmritoapi  which  should  Ai»V^\  l^  attention  and 
prejrei>t  his  bringing  the  g|%test  weig^t  of  his  pow^  on  a;>i£le  poinj. 
T    A%V:i||kys  after  I  was  i|||x>inted  to  thf^JMUnand  of  the  I^a 
fmjn  I  Planted  pother  memorial  to  the  Hi^^n^  ^^^^i^P^de- 
^paft9e9t,|f»  which  I  was  oxplicit  as  to  what^^t  1^  expeete^MV^^ 
f» ibrce  aal  was  to  lead-**  to  the  neqjjiityof  reinfbrcementfc  pf  ££|. 
smimding  t|e  L»kes-and  the  necessity  of  a  co^)perati«n  in  wtlier  qmataw. 
»|y  draft  of  tl^is  memorial  I  have  loit  in  the  way  w)tich  I«h»U  IwMiifter 
e?pl%.  T^exiatence of  the  origima  mUf* gen^n)  D^inSip V^ 
.J^M^^jii.  who  in  his  answer  to  the  #t^  ^Tt^iJSSrSS 
.      ^resiled  id  him,  says : "  I  have  a  perfect  reisoUect^on  of  yo^  hnyinf  nM^^t^ 
Ihemcpiiorial  reftrred  to  in  the  interrogatori«*^I.re«faiect  ibe  adjdi*  yowr 
«Jt«id«ice  by  appointment  at  the  war  ofcc^the  nemoriaVer  that  put 
^  il^lW:^  related  to  t|^val  defenc«^«^Uke  Brie.  wa.  referrfcd  or  com- 
JUtt^io^tCit  to  the  secnSary  of  the  navy,  who  w^s  present-The  hrir 
Adams,  which  had  been  employed  as  a  tran^rt,  utider  diwction  of  the 
,VWd<*«li»«»»t^  became  the  sjjbject  of  «oi;v«rsf(tiQQ^whethw  Ae  wis 
t^^  ^Kep  on  Jfte  stocks  repairing)  actually  transferred  to  the  #ar  d«|»rt» 
me!it|donoidiBtinctljrrecoUect>-if  U}At  was  the  Caae^  the  evidenceia 
on  record." 

V  i«»,.this  piemorud,  or  a  ijopy  of  it  1  hav^  wm  heeu  able  to  obtain.    I, 
V«  •pplied  for  it  to  the  secaetary  of  wajy-He  referred  ne  to  die  kcm. 
4iry  of  t^iiavyr-the  secretaiy  rtT  the  navy  to  Mr.  ]]iaIk»><o  him  l$a^ 
*4r«*na  he  referred  me  tp  ^  ptesent  Judge  Advocate  who  loiowa  ndtlk. 
mgofit:   Aiid^l^apfheiimytrial  eotomencedinthiacity.IadiliWied 
a  letter  to  the  I'wsid^itt  of  the  United  States,  requesting  hip  to  intopoM 
his  authority,  to  procore  jafe  a.^umfnW  wluoh  I  coftsideied  so  InMntm* 
Ih  my  defence-It  was,  air,  too  rouc^  fiir  me  to  have  expected  an  amwui 
from  thp  President  himself,  though  the  time  was  when  such  ap^^MHW 
Mould  not  hwc  been  considered  hs  conferring  too  grt^t  an  honour.        ,     *' 
The  President  referred  my  letter  to  tbp  genUemen  «t  the  head  of  tll£ 
war  and  navy  departments— Thef«l60  would  not  coodeabead  to  MomfrWi^ 
letter,  bpt  banded  it  over  to  their  cksrks.    The  citation  ot  these  fiwtS^ 
men  seems  to  have  rendered  them  giddy.    I  ask,  would  it  not  hare  oo^ 
porMfT^  %  importance  of  the  occfsion,  the  defiomm  dtte  «o  m  oldL 


e 


iiiHh 


84i 

nuk  Mid  «  veteran  ioldier,  not  yet  convicted  of  any  crime^^^  tte  teet^^ 

UOiAtbeniselves  to  hare  addreMcd  me  /  '  > 

.  '  ttat  in  answer  to  my  letter,  I  received  a  letter  firom  the  chief  eterk'l* 

tlHi-wiiroflne,  dited  Febroaty  13, 1814— with  a  oertificate  ftom  ths  Chiet* 
i  eteric  in  the  naVy  det»ailMent.    The  lettti  ftbm  the  war  office  is  in  A«r 

following  words : 
*      '  J  Wam  Onici,  Feb.  13, 1814. 


Sin, 


'■I  ■  W- 


Ymir  letter  of  Uie  1st  inst.  addteited  to  tiie  Pi'MSd^  df 
the  United  Slates  baa  been  t^ilcrriA  to  me-^In  answer  to  which  I  Site  tlic 
honour  to  state,  tliat  kll  ^our  communHStions  J>  the  War  departijfAHit  afie^ 
yota  li^Bu;  appointed  Brig.  Geik  in  the  army,  wre  been  transmitt^  to^i^.  9. 
Jiidge  Advo«|||d^  the  court  n#tia1  n^  settutg'ht  Altiany, 
syich  others  w  you  had  required  asllr  as  th^coiildbc 


we  filai  of  thUi  iNBoe.  T|ie  public  rdcordi  of  Jiaperk 'of  the  wat'' 
it  have  been  cfmstantly'^thin  iiiy  obsertatton  and  cliarye  for 
ievtetal  ye^  past;  and  t  Assoi-e  you^  Sir,  I  haV^  never  seen  or  heard  of  <*  a 
ihi^dr  piHnting  out  the  neeetisity  of  *  navy  on  Lake  Erie.  Since  the 
receipt  of  your  letter  t  have  carefUUy  examined  the  files  and  enquired  of 
evel7  gentleman  attached  t&  <the  department,  without  being  atAe  to  f^ 
any  Ihfittinatiaa  on  the  subject." 

IhaVe  thi  honour  to  be.  Sir, 

Tety  tt«pectfuU|^^  fibui-  ob'i  wjjyt,  <    r 

D.^I^L  PAliKEB,  cue. 
f  I  "Brig.  <3di.  1l\^.  riUtL,  Altany. 

-^It  urunaeeountaldlB,  Mr.  President,  that  %  jiublic  document  .i^iUiis  nature' 
iiliMiId  be  losi-^-that  it  4id  exist,  and  was  on  the  files  of  ^-  war  offioe,  i» 
Ittoved  beyond  controversy,  by  the  deposition  of  the  late  aecvetary  ni  war, 
who  swears,  that  he  hs»k  perfect  recollection  of  it.  But  a  most  extraordi- 
nary part  of  this  letter  irom  the  war  department,  is  that  which  states 
tluUf-me.  writer  has  had  the  public  records  and  papers  of  ti^c  war  depart<«< 
niaii^  dmstantly  under  his  charge  and  observaUon  for  several  yean  past» 
■^  yet  that  be  never  knew  or  heard  of  amemM^,  ptnirting  .out  the 
necMii^  of  «  navy  on  Lake  EriCi  Mr.  Pnuidii^  it  is'ail&ct  hardly 
tvbtf  ctedited,  tiiat  the  copy  of  the  memorial  of  dift6tli  of  Mareh«  1813, 
fewn^rti^ch  I  mode  that  copywhiob  I  h«i%  just^read  to  the  court*  is 
dertifiedas  It  true  copy  i^tom  tite  iUes  of  the  war  office  <^  the  very  geu' 
\<fiMia<|' W)io  writes  me  the  letil^  of  the  I4th  February.  Let  me  quote 
l^m  the  memorial  pf  the  6th,  March,  or  rather  firom  the  copy  certified 
as'l  have  mentioned  above,  a  passage  which  is  in  the  following  wwds;' 
••if  sir,  we  cannot  command  the  ocean,  we  can  command  the  inland 
Mna^f  our  coontiy.  I  have  alwfys  been  of  the  opinion  that  we  ought  to 
banre  buttt  as  many  armed  vessels  ^tbe  N&es  as  would  have  commanded 
th«n.  yfe  have  mwe  interest  intern  than  the  British  nation,  and  can 
build  vesB^  with  mtHre  convenience^    If,  however,  there  is  no  intention  of 


i  Wlljje  MTfiter  of  tl«  lett«.  had  certiffed  a cop^  rfdiii  m^oriii'ba^ 

J!l?T!.?r'^*  **^  *^  "y-  *^»*  ■«  "•«»  *»^  <»  Iwirt  of  •  ifa*. 
■»ortjJ,  ijtothvwt  til.  necfti,Hy  of  » ittvy  oA'l^ 

I im  n^ib  »ir.  thm nmnOfig  to iMimukte.  ^  the utaoct '  iiillliiii 
Mttor  ftow  the  elerk  of  the  var  departaieiil  conUios  wylBB^ 
BiHCI^iCMnt^oii.  His  character  and  aUtlopi  ptoteeU  Umi^SBpa 
wjickp,  «d  at  the  DSjWorial ,  whi^^vea  the  inooo«rtm^lii 
jettor.  teaLbecu  fumUlw^ the  dfd^irtiopi  in  the  bttei^  co«ki.aocJhM» 
T'-*!m.l^*  WJMnwt^r  dMigHP^iAdiJMure  onl^  Mqiaaaed  oiitih» 

SSTl^  "^"^^  *^  «y^Ai8c^^  iSSi?  «!»«<»  that  ,..,iMpom| 

The  cwfificate  from  the  navy  departia»t  hw  l?«cn  iwi*r-i>  W  uweaf 

:.     "!I?;?  *••  iwmoMal,  I  c«i  novonly  i^t  Vn  «>y  ownieelftm. 
tionn,  ,«adt  1  thlnk-whsR  l,m  In  tJii^  p^ipaner  deprived  of  ,the  ;hMr«mQf 

«1^-  •fi:"^"^'"™^  «.4id?«tiiiai^>p,,e.^^ 
molt  Explicit  and  strongeBt  term.,  of  tb*..  ^craai^  dT  our  haviii!*.  ^^ 
fiiree'«ip«rior  to  theeiie«iyQi»tfcp;Iak«f,  andthatwithaijrt  it,  i|M|>«rte8» 
Ai^artij^rwaitftcojnmMd  wa.  atStengUrtned  by  addition- 1«  it. nwh«i». 
«nd  antei.  it  were  fetioiw^ihy  detachment,  tovkiep  op«i  tb^^^aami^ 
ttiHi,  aitd  l^fi  it»a^ipliea.fttonOhioi.and  uiUeaa  it,»«i  mippqrtodhy,gi». 
*|i«!WtiDnriil^ther  <puurtera,,roy  army  could  not  he  ahk  U>,maiiM^init(Nflf 
atllMf«^  iMch  teaa  eaii7  on  offen«if#  oi>e»tion»  in  tb««ne«iy7«  c^mtj^.. 
That  aiuft  vtwe  the  i%w  and  sentiinenta  of  the  goycmm^ntr'a*  to  W 
ox|»dltioo,  as  we»  as  my  own,  and  tliat  I  was  not  expected  to  do  im 
mk  protect  Deti^  and  t&at  qnarter,  and  to  keep  ii»  awe  4he  lodww, 
wtU  further  ^pew  from  thcftcts  »nd4o(5uro^t8  4o  which  I  ahaUnw 

-  tponAissul^ect,  Ibegtotutnthe  attc^^  of  the  court"  to  the. W* 
mony  of  General  Porter.  It  wiU  prove  not  obJ^  how  pressing!  was. «i  the 
subject  of  a  naval  force  witjhi  0'<;  Secfeta^ics,;  but  with  the  PfCfidimt  l^^. 
self.  The  deposition  of  Captain- Charles  S^^ward  of  the  Mfy,^,f.Utes,  t|^at 
at  an  interview  he  had  Wit^  the  Secretary  of  fte  ^^aw,  in  tj^p  if^nning  of 


#v" 


give  him  the  eomnuni  on  the  Lake^-Uuit  a  iwvtl  Ibice  auperior  t*  tltoW 

Bvttlih  OS  the  Uket,  kid  htan  itronrljr  lufged  by  Qenend  Hall,  ii  tmwt^M 

■■<.••  i  etetaM  aieMftiir«Marin|r  to  the  ittlny  aoecais.  •; •  4'-.  w •tOm-' 

IhcftheeoorttwitttMittMitiiitheMatftted,  thet  I  luA  tlrm^'mt^ 

The  int  iMtevnrhklil  reteifrcd  |Wm  the  Secretary  of  Wef  Mlw  Im^Nx  ♦ 
JMiiMihMt,.Mi%hieh  k,dMed.fh«lth  of  AprU«  iMt^d^eeritHi.  thtffcffvi 
vbMkwae  H^he  iihder «iy  toMnaad ,  the de>Witr^  of  itself  I jNMiaiili^  ^ 
iMiM^lMhide  ei|idte«tiaA  i|^|Ml^1uve  boen  intend  Ot  hvMiri^  evcov  > 

"  <  af  that  fcey^  W  .'«edopt  yich  mmmtt  with  the  cMefrof  th^^ 
iHlhlnvAtiiifhftt^  py  jttdfnKent,  epfiew  to1lil%e«li«it||>^ 
tetheftecceel^thccbuntfy.''  ,  ., 

-l.£g  — ^totttirK^iehl  Mccincd  from  the  war  depurtmnit,  dcted«hct 
inhf^Joafe^.  and.«rhkh  vrwijliillvi^red  to  iii«,on  the  a6th  of  the  «*•' 
«**kh-*I  iwdiwetM  t»|»iiniia  nf  ^aprOh  t<i  00^%  ^^  all  |NfliUe  ^ 
fMithMvi  aiMfetto  wbond  letter  IhMB  tlie  9eoi«taiy  (tft  W '<iy>4  ■>!» 
^  '<^hi«h MhMMmnoed  toiM  the  war.  give,  me  the  T' "Mli  l[  ««»•. 
JWWd  tepiwseed  M'U«t'j*A.yf  l|iq«  arnyr  I  ionmiade^WmlmiM^ 
«adttt|i«t(JAtt(i<<:<Q*r<iA  dKM^ve  operation,  agailtet  the  el«!i%,  trlthttUi 
A»y  i«fli<»(ic*o?  rtpfMH  my-erdttra.  woa||«erv^ly  have  beeiief  «lilflto>' 
«tt«tUiU^r  It  ^rbtthr  r-----  ll'llll  '  I  diaclwioit  to  purtufr Mk^^i^ 
•utet,  ai  I  ni|fht  have  judged  m^idtoMidlu.    Witih  «n  a#|in«  «6ttp«tM#t 
W^^tttte'iw'  iiiV«ifi<M7  IiiiiMt  Would  aqt  have  been  the  p^'  iiii  ^rhfeik  # 
should hft*4i'b(jb«<HMk)^.'  'iji  '  ;..■  ,  ,■  ,/'     ;  r  ■  ■   „'''.*'."•:'.',  ,,,rv.,.>j 

J#1«ittjy»<^pf^4Heto  Aiilhei*^ 

r^HftJbHS  trtiltwo  s  but  ])e«i«|l  «riii  the  p^  sitlfotJbi^Wi.'  ^fcrawiS'' 
1W  ««f'^*fittee'df  p|«««ilai^tlUi  ta*itorj»  andhihaiiitai^ti^rMfclil^,  anc^ 
.Wf(irt>!ljirlrti«wthi  iMdlMi tribe*.'  -■"  ■  ■  ■  ^ ■"•,  • "  .  ■  •  ^^,  ■  ■•'  i*,  v-..-. ./ 
'^«*r««at'lt^*|»j^1«  «hi«md,.|h«t  I  do  not  pretend  tl^at  H  wa>  Mt  to«c 
«««ifl»«»^'t|«t'fh»^irtny  |  <iomnWed  viiea  I«m  kppoiiited  td  it^inMt 
l6'WIJp^lfe<p»ft«j  ipttrMlimi  i^  <Wr  tt-itieh  m  the  erent  ef^ 
J»i^'lf«rt^tilli^4i^ytourirtjp  t*  .hew^  w«H troilii^^i  sat^ the cowt, 
,5?***W'WtWtf  ^  the  offltWji  of  t«0  |rov«^ment.  ewi;  rtippoied^  ik 
^*WiM't*««Wipift««i«t»i«ita*  in  offirna^e  Vmy^fidleat  i^^lravaMl^te^attd 
l?!/'?^i!Sf  ^^*^^  ***^"*  wpposed'  mig*tt  H#«^e,  «odl  •  A>«f«i 
^l»W,iilfed41Ufji|Jiiii  ^ajig*p,j,^  »gfaf^a$  would  ui  a  |p«»t 

'!i^i' ***  **^**''  ^  ''****'^*^  ^^  *^  Pepretary  at  war,  is  dated  the  Mth 

^^mm^^ipoii  tliJitf^^tfuM^t  hMi^be<h  the  language  addreaied'tb 
wfe^i*  tifitt  bcWtsitih'  if  tfa«  ^iiy«»titt»;ntlbd  supposed  I  had  a  force  gttlB- 
<*ttt to  'c<jlinriitiicer  iuOi  d^nit^s. '  Iii  itart  cis^,  (ihould  have  received  a 
tbiiaihjjftdriMtiKf  of  anliutftbrity.    Ir  this  letttt*,  th*  Seoretary  adverts  to 


•••rti.-tiBi* 


dated  tfwt 
'the  «*•* 

IHik'^ddtMlb  ° 
MuApeteMi 

tKe'MrBftS'. 
ngaiw,  and 


▼•nt  •€■% 
Ikecovt. 

>pOM(Mt 

itfea'iad 

klndhtiiB 
nugreAt 

theMth 

reated'tb 
rcesttffi* 
ic'eived  a 
Ivef ts  to 


I^^Ukiar  pOHeukMor  Maiden ,  butnotM  if  he  suppoied  I  had  the  power 

!Lfj  ll*".^l*"  "•*  *"""**  **^*»*«'»P*.  »"»«••  »he  force  under  my  com- 
■MBM,  aliouM  be  equal  to  the  enterprite  i  nor  ankn  I  eoukl  do  It  consii t* 
CB^WiUi  the  aafety  of  my  own  post*. 

1V«Mttion  which  it  it  thouylit  neceMaiy  to  communicate  to  me  hy  this 
!««».  to  lie  limited  in  my  usut^e.  of  protection  to  the  Canadian.,  «id 
Urn  >»««^ttat  It  confeya  me  that  an  adequate  force  emmot  be  relied  upon 
VH!!?**  -  otthtttKtaf*  potts  below,  it  evidence  that  my  army  waa 
pa^  tbM^t  mimeient  to  mainuin  ittelf  in  the  enemy'a  country  without  at. 
pirtaQBc  AUkl  eo-operaUon. 

Iftltty  lette?  to  the  Secretary  at  war  of  the  9th  of  July,  18l»-wl.icli  it  in 
pnewer.to  tbat  1  have  last  mentioned,  in  which  I  am  told  that  I  am  'author, 
tetd  tt^oownence  effensive  opQratfons,  lexpretsed  in  the  most  e»lici( 
t»mt  ar^  opinion  of  the  inadequacy  of  my  force  to  the  only  offcuii«S||w. 
AUon  whlcfi  could  be  undertaken  from  that  qnarteiwRfy  worda  ari#«rke 
Britiih  command  the  water  and  the  aavage»-l  do  not  think  the  force  Ws 
equal  to  Oie  reduction  of  Amherttberg-you  mutt  not  therefore  be  too 
•Wuner ,  I  bejf  the  Court  to  remark  that  thia  letter  waa  written  imme- 
*^  W4y  Wival  at  Detroit,  and  a  few  daya  before  I  pasted  into 
€t»|l|tM9ff»il»W  before  I  had  any  knowledge  of  the  faU  of  Miebilhnaeki. 
imc-^  event  whkh  hacT  to  decisive  »n  influence  on  my  subaequent 

Of  the  lOth  of  July  1  wrote  two  letter*  to  the  Seeretaty  at  war,  both  on 
the  ati^^  ofprovitiona  for  the  army-f  mentioned  to  him  in  the  first  that 
<ll*«W^nt!t^  <CMld  not  furnish  the  supplies  on  account  of  the  lakes  being 
doied  agnbMt  us  by  the  British  naval  forco-4»  the  second  letter,  I  reit, 
iRite  thiiip^J|g^mation,  and  also  inform  the  Secretary  that  I  have  made 
•  neweonti«act  ftr  provisions,  which  aathey  aannot  be  transported  on  the 
^ke,  must  be  eirried  on  horses  from  Ohio  through  the  wildemeas.  My 
letter  eeocladea  with  these  words  i  •«  The  communication  must  be  secured, 
or  tUi  iimy  wffl  tie  without  provitions.  Troops  wiU  be  absolutely  neces. 
•aiy  on  the  itMd  to  ptotect  the  provisions.  Thia  must  not  be  negteeted. 
|f  it  ii(^  ibis  amy  will  perish  by  hunger." 

the  tecet^  of  these  letters  Is  acknowledged  by  the  Secretary  at  warin 
hu  letter  t^  im  of  the  36th  of  July,  1812.  To  thia  letter  from  the  war  de- 
partment  I  wish  particuhtfly  to  direct  the  attention  of  the  Court  Itshewa 
th*t  the  Government  well  understood  the  situation  of  my  army,  and  how 
nivoh  H  stood  in  need  of  assistance  and  support,  * 

»^  this  letter  I  am  informed,  that  Governor  Meigs  hM  been  directed  to 
fimuth  troops  to  guard  the  road  ahd  insure  the  trantportntion  of  provisions, 
mAX  General  Whichcster  had  been  ordered  to  reinfiirce  me  vith  fifteen  hnn. 
^fpi  men.-tbat  a  force  Wus  collecting  at  Niagara— that  the  commander  in 
ehief  would  be  apprised  of  my  situation,  and  directed  to  take  measures  lb 
aflbrd  me  the  nece^ry  sumpoi^. 

It  is  not  my  intention  at  Ois  moment  to  shew  that  none  of  the  expeota* 
tions  which  Uii*  letter  atilBrized,  were  ever  realized.  I  bow  rei^  to  it 
pnly  as  I  have  mentioned  to  prove  that  the  officers  of  the  fxecutire  gorem- 


laent  mifiF  Wft^wSOoNM  aiy  army,  «itaated  w  it  wur«  incom^{^t^4M|^ 
early  on  af  itself  ef^tiudnperatioiwagAinBt  the  enemy.  , .'  ,  .^ .,  ^^ 

In  my  tetter  to  the  Secretaiy  »t  war  of  the  19th  of  July,  kz  the  ^gi||p|fiigf< , 
parAgmphs.  ,,     ,   _.„ 

**  If  you  have  not  a  force  at  Niaf^ara,  the  iriiole  force  of  thr  ftwi^m  .^l ... 
Iied'-'ected  ag^st  this  army."  It  is  all  iiu;oortant  thai  Niagara  f^^^  b$  ^ 
inTested-^Uflfur  success  will  depend  on  it.    .:  f^  >,      ,   ,.  -  ;-/ 

There  h(as  been  read  by  the  Judge  Advocate  a  letter  from  tbe  Segiretaigr'*. 
at  war  to  me,  dated  the  Ist  of  August    This  letter  I  never  recmvedlfiMt. 
however  shewn  *m>  less  on  tluLt  account  how  necessary  it  was  Ihoughtiitiit  a 
decisiott  should  be  made  in  fitvor  of  the  army  I  conunanded.  I  ibtttSk^  e±-'' 
tract  irdm  it  the  followinf^  parajfraph.  ,        .  \ 

**||nf.ae  aeth  July  your  letten  of  the  Vth  a.nd ibth  weniinicldicd  io/ 
-**^u<»10earborn,wilh  a  copy  of  mine  to  you  ofthe  :*'^lh«,  aceothpiu^id  wid^"" 
"*^  that  he  would  make  a  deei^idn  in  your  faviyur.'  iTiIe  \^en«nAr 
^  received  this  letter  at  Albany,  %  the  mail  of  this  eveii|fi|j'* 
jour's  of  tlie  39th  is  ihciosedix)  him,  with  an  instruction  to  ma^  ^  ^venion, 
at  Hi^^^ara  ud  Kingstcm  as  soon  as  practicable." 

In  another  letter  from  the  Fecretary  of  war  of  the  Jst  of  August,  he  ac'., 
knowledges  the  reefeipt  o;  i.n  ixociAmation  to  the  (Janadians.    1  now  rsfe^." 
te  that  proclamation  ma*elyto  direct  the  attentionof  tha  Court,  to  that  pvt| 
in  which  t  say  "that  the  force  I  cnmmandea  vas  but  the  vanguard  pf  a.muj^-. 
j^ater^— 4  do  this  to  shew  ihe  confidence  I  thien  had  that  the  corps  I  po^- 
inanded  was  to  be  iciitforced  aud  supplied. 

On  thfi  20th  of  August  the  Secretaiy  of  war  addxetMcd^  f.,lcit(i^  f^  v 
which  I  did  not  receive — ^but  from  whicn  I  here^quote  a  paiptfr^h  po  ^l^fiffit 
how  necessary  he  thought  co-operation  was  for  my  supporW-^^^iragntpik^ 
Jain  the  following  words— ^Orders  have  been  given  to  CfCWDml  UeaH^om-^" 
attack  the  enemy's  posts  at  Niagara  and  Kingston  as  soon  jif  may  bk.-;{mic^  « 
tlcable.  Our  force  at  Niagarat  according  to  C«n^«l  lJeai!b«M»'«  :«i6Cf>BttV'!' 
vill  amov. .  to  iwenty>four  hundrerl->-and  he  will  notify  you  of  mctiiikHMr^ii 
niei>^  and  opeiiitions  as  he  may  order."  ,.    »;,;.,      ,4- :   ,,; 

it  Ih  from  these  documents  which  have  all  been  introduce^JttyUie  fudge  :> 
Advocal^e,  ti^at  I  pTOve  whati  have  undertook  to  dof-rthat  When  |  took  v^fta^ 
mandcf  the  north  western  army,  it  was  understood  by  the  A(Nl|inlistration^  ^ 
as  well  as  by  myself,  that  in  the  event  rfa  wai-  with  Grest  Briti^  my  fort^"" 
was  tu  be  augmented— that  my  -^ommunicaticoi  with  the  State  6f  Ohio  #fts  * 
to  be  preserved  by  troops  from  that  quarter— that  the  L^es^ere  t»^''^ 
commanded  by  us—and  that  my  operations  were  to  bt  facilitated  by  4^1$.  ^ 
ions  OK  tlii<!  frontiers  below  me.  'l-.^i'J 

The  Court  will  hereafter  perceive  what  an  important  influence  a  ^ift^ 
pointment  in  al!  these  particulars  had  on  the  events  under  consideration 
and  will  nut  therefore  I  hope  think  I  have  uselessly  trespassed  on  their 
tinnc  by  detaining  them  so  long  on  tliis  part  9/ the  subject  ,  ]  .^ 

1  cfitiitOt,  iiOWcVer,  ukiiii.  oiie  fariher  remari^  i  would  ask  the  ftouyTU'- 
subsequent  events  do  not  exclude  a  f  uppositioh  that  the  Admmi8trfiticni'i^& 
exjpectthavmy  may  vas  in  all  events  to  be  of  itself  adequate  to  the  inyauq^ 


'•OH 


i&lh^  i^<'fc 


Seivetwfgr'. 
ightHUttk 

,     7  Ptji  «■** 

i»  evenifur . 


jst»  be  ac'. 
now  rsferv-' 


the  fudge. -> 

tistration,  "' 
my  fatte  k 

Ohto^as* 

ideration 
I  on  their 

•Wticni'i'4^ 


^i3^"**'  *^  *^'  «ncmy*«  Countfy-unleM  it  be  admitted  th»t  there  wl* 
<ft  tuXm  ignorance  of  what  was  neeeuary  to  accomplish  thrae  ol;feeta~^r 
*f  *'*3f^  '**'•  Oe»W*al  KartiaoB  With  as  army  moi«  than  qoadrupte  t» 
tNt"«««ilf  I  kd,  fcr  more  Hatek  a  year  threatening  the  cnen^  on  tiie  iame 
foint  wh^  he  waa  invaded  bpr  ta»  army—and  though  ten  thoiuand  troops 
^ififiw^C^j^tifting  with  him  o^  the  points  where  I  had  been  li^d  Wetject 
'cs»^i^»lrtS«ili%«the  had  not  darsd  to  set  his  foot  on  the  envy's  shore  'tUI 
*ft«  tHi^  0oriMfc  naval  rictory  on  lake  EriA~and  was  then  oblig^  to  con- 
t<^t>liMaf'#itlk  the  possession  of  ao  greater  territory  than  his  trovM 

I  ii^w$fq}iMt.the  Court  before  I  proceed  to  the  consideraticn  of  other 
^^tt^le^^pdnlge  mc  with  the  repetition  of  a  remark  which^i#«oiieecnary 
ftr  tiie  itdderstanding  the  subseqorat  parts  of  my  defimoe,  tiMi  f  am  anidMia 
if*  in^MS  i%oii  their  minds.  It  is  that  f  hoa|^  as  I  have  saitf,  and  I  t|Mt  I 
^y^  P^I^.^H  .WAS  understood  both  by  the  Administratitm  and  hf-'^^^i^ 
H^tUiel^  vhich  I  commanded  would  not  in  all  events  hi  case  of ||il>W 

»  MmJiNitent  to  the  invasioii  and  conquest  of  Canad«~yet  both  the  ofitem  o{ 
tbtefiHeci^fiiotrenunent  and  myself  did  contemplate  that  ineer^evmts 
Itnif^t^tfHbtfeearmy  which  I  led  subdue  the  enemy's  posts  in  the  I^il>ep 
Canada-It  w|s  <;«)iitemp)ated  and  believed  ttut  diere  would  be  a  ve«y 
ff^netal  {{eftctton  of  lli#,  Iidiabitants  of  that  Provimse— and  thai,  mmy  «#? 
them  wmM  rrrange  ^temielves  under  the  American  Standard—and  it  w«» 

^tm  ivmfxIlfU^Mhm^  that  it  would  be  possible  for  me  to  drav 

•^Mihteintfoaidifkftheftaviges.  • 

Ifriwil  1  landed  in  Cuii^  &d  prtsvbuuly  to  the  fall  of  Miehaimaekinac; 
there  wv  eWiy  reMHm  to  believa  that  these  ezpecta^ons  wduld  be  realiaed. 
Vmjm^iMiaRti^Apf^  of  which  the  esiemjr  W  notice  about  tiie  2nd  of 
At^gtfi^  f  iiad  ibum^wuttg^m  hme»  of  success  whidh  I  bad  expressed  in  my 

mii<fof«#«ba«^ie«Bew«s  tAtirely  htka  that  moment  I  saw  that 

altbwiiijh^  WW  poaiU)|B  thf/t  I  might  obtain  temporary  advanti^es-yet  tiiat 
tMr^^'vald^^'vniuKt^i^^  dis«isters»  unless  I  was  aided  and  sup- 

llttM  Sfmtiemeir  IhMPeeiideavoured  to  i^ew  you  tisat  I  took  the  command 
<l»d#itiie«qM^ti<mllMt  in  tiie  event  of  a  war,  Jie  operations  of  my  army 
wiHddbe^waiitedby  a  wonpet^t  force  upon  the  Ldces— liy  detadiments  to 
l«ep  dear  the  cemmwicMion  which  I  had  opened  through  the  wilderness— 
andl^}tbetO(H3>«rnti«^  or  at  least  such  a  demonstration  of  force  against 
•thi»..paif|B  iif  the  enemy's  territories,  as  would  prevent  his  directing  all  his 
em9||w.ti»  ti^  pobit  where  I  mi|^t  meet  him— But  it  unfortunately  hap. 
yei)ed|ba.|  none  of  these  expectations  were  fulfilled. 

ITie  eifects  of  these  disappointments  will  afterwards  be  considered. 

Ti^Q^vt  th^  adjourned  to  m«et  to  morrow  morning  at  eleven  o'clock, 

fFednes<^monu«ff,  March  IStitlHli. 


-*.    -It   .^1. 


««^Md Hull ap^jctrod  in  Court:  Capt.  H.  F  Huirs  affidavit  read  by 


40 

itenenl  HuU  then  proceeded  to  read  bis  defence  as  folloirs  t 

I  ipv  aiaiune  my  Tlii^icativa  of  the  measures  frtiich  form  tl 

inmt  featuces  ill  n^  accusation ;  that  is  to  say  <&»  <i»%  m 

retvatjrov  thence,  and  tie  $wretukr  nt  UttrtU.         ^         i  i  «;*„■,  «v^<  v 

JLt 4s necessary  :^r  roe  to  explain  the  vi^s  and  intenttovs  1 1%|4^  pImi»* 

y^l4Qd  to  the,  IjBip^rtaBities  of  npiy  ofteeti  i^id  croaae4.,<B  tl]<-,^iwnga*< 

It  in^itst  be  recoUe^ted  that  tlw  orders  I  teceited  in  jtkt.lfilkt^^^f^Silt^ 
of  June,  which  ainnouDced  the  war,  dirscted  me  to  proc^  to^ljly^it.ind 
there  to  wait  for  further  orders.  ,..,  m      « .     * 

FindkifT  that  an  impatience  to  cross,  had  been  excited  inthii  j«MrtL.^i«l^ 
was  liMy  ^  h»  extremely  iivurious  to  my  authority  and  the  4li(«^mf,  o? 
tiie  typops,  f  eallfed  a  council  of  war,  and  hud  before  th<e'omci^/t|«  wderf 
by  whip|[l«ris  tbea  hewtd,  and  asked  their  advics,  as  io  i^txpii^iaey  of 
cffUKUbd^.  /  The  coiuieti,  adtwithstdlidir.g  my  orders  vere  tif^opitiion  tliat  I 
o(4^t^  cross.  I  dUnot  feel  myself  at  liberty  to  follow  tlMir'«dvi^,  tod 
.deliriniiiednottodase//  ■    .''f*^  ,  "'''      ]"' 

But  wi  the  same  day  I  received  the  Secretary  iMPwar*s1ettdr«^'«h«'^'fth 
of^une,  in  wbidi  he  says— «  Should  the  force  uiider  your  condlsbd«11)e  ^tial, 
to  the  eaterprize,  and  consistent  with  the  safety  «(f  your  own  posts,  yon  Wi^ 
take  posaession  of  Maiden,  and  extend  your  eohqti^ta  as  citcttmstaaees 
mayjaitify.'*  i  {  ■■■  \r.   u^      .  '■  -  ■■■' 

I  did  no|  &ink  the  force  under  nry  ctmAaant  e^o*!'  to  I3ife  eonl^ti^'^ 
Maiden,  rtor  did  {  think  that  with  svuehiki^lffmti^taim  iof 

it  was  Requisite  for  me  to  keep  i^Mtt;  Ioa|B^i^?itukkc  tktUttlH^ 'irjf 
letter  to  t|te,8ecn^tary  at  war  dated  on  this  mm9&i'^l9ifiWH<i^  iMve 
a'f«*iy  Jiuoted,  cxpr^es  this  opinion  of  !&e  iQtoi^f|t«nBf'<^^^l^^ 
luternumat^be  mimmderetood.    Het  m  8Qfi|(i'4»  I  lMd<  ra«(di^  thWhMit 
mentioned  kt^r  from  the  8eeri^g|^  4  de|«srmined/t«lsakrfml! loathe vne^ 
my's  coimtry^My  reason?  fhr  tbi«d^miqj^oii4ir«iw4»«(|<)U>|Wil  t\timbfi 
to  satisfy  the  impatience  of  my  o^eers,  and  p^amo  ttie  cmfidenfi^/^liigy^^ 
army,  which,  expressions  gf  discontent  w^  4ike)y,  to,  «npairr*I«^b(^ 
command  the  streights,  and  thereby  preyent  tli^^(|imy  finro  se»^9;«^V 
cqtps  to  their  northern  posts,  or  carrying  on  .|J»iei»p<w*aat  trad*  of  t^  < 
north  western  iiotf^Miny.    Tknew  that  it  would  have  a  gieat  e9^t  upiWfV 
the  Indisuis,  to  shew  them  the  American  flag,  liying  on  both  shores ;,  fNi>2 
hoped,  by  establishing  myself  at  Sandwich,  to  faGititate /tnd  incjrca^e  ^, 
defection  to  the  British  Standard,  which  had  manitested  itself  aotCHag  t^^  , 
inhabitants  Mid  militia,  and  their  Indian  allies.    I^y  views  in  taking  popt  in 
tlie  enemy's  Tigp-itory,  nre  expressed  in  my  lexers  to  the  Scci«tM»)r  of  War- 
Sir,  my  letter  of  the  9tii  of  July,  I  had  as  I  haye  above  ra(;ntlQned  tdWlbjm  ' 
I  thought  my  force  incompetent  to  attack  Maiden.    In  my  letter  of  the  ISth, 
Writtenfrom  Sandwich,  I  say  "  Iconsidcr  the  possession  of  thit  bank  asWi^ly . 
important->.by  erecting  one  or  two  Batteries  opposite  the  fiatieries  at IJe-  ■ 
tfoit,  the  river  will  be  completely  commanded.    In  the  rear  of  ti^e  aiifhy  oh 
the  JUrlTM'f  river.  Lake  St.  CUttr,  and  the  river  Le  French,  is  a  populo<iil^'and  '' 
taluable  part  of  the  province.    It  is  likewise  probable,  when  the  Indiati^'Mf' 
the  American  Standard  <m  both  sides  the  river,  it  will  have  a  faroS-aWe 
♦ffisct."  -  ■:    ■-  JJ-~'/ 


■n  : 


4i 

I  iiitendtd,  neyettieless,  without  loss  of  time,  to  make  pzcparations  fih 
pUMnIr  in  »  8tat«  of  service,  in3(,«eld  Artillery,  for  an  attack  on  Maldeii  j 
'■'mA^'^lmenr  that  should  be  ready;  and  I  should.find  that  the  enemy's  force 
^**X*^*  ^^^^  *°  "^  further  Weakened  by  desertions,  I  would  make  the 
ittacki  if  I  had  a  prospect  of  co-opwations  and  support  from  below— with- 
i&qt  which  I  tho«glit,  and  I  think  recent  evente  will  prove  that  I  thought 
cotTcetty,  I  could  neither  preserve  my  own  posts  on  our  side  of  the  river* 
ttHiMt  Tfkvth  the  enemy  then  possessed,  if  I  should  be  90  fortunate  as  to 
wrest  it  firom  him. 

i&&*°*j**'  ^^*^*''  ^"^  not  less  imjiortunate  for  proceeding  imme- 
*"i*y  "jf^***  *'»l^en.  than  they  had  been  to  cross  the  river,  i  felt  my- 
'k-  ^J?f  "if  **?  y**^  *°  *^«^  importunity,  «id  bad  appointed  a  day  for 
i  *!S^* '  - -'  '*^*"*  *^*'  *^*y  Mtived,  I  received  inteUigenoe  that  de- 
^rituned  ine  ^  postpone  the  enterprize  and  to  recross  to  Detroit. 
.A*  P"^^^'^»^  to  my  viiidieation  of  these  measures,  it  is  important  to 
consider  what  numerical  <i>rce  1  could  command  when  i  crossed  into 
Cwuda^it's  i|ature,  and  the  probable  force  and  strength  of  the  enemy. 

to^ftvciy  auge  of  this  trial,  I  have  felt  as  a  great  misfortune,  the  want 
*^|hatdocupei|tory  evidence,  which  might  be  expected  fi|im  met.    This 
aris^  from  th^  loss^Pf  .^rfacket  Which  sailed  frointhe  Miami^-and  ftoia. 
the  more  recent  loss  ot  all  my  baggage,  and  most  of  my  papei^    When  I 
lfft,^tr^t »  prisoner,  1  left  my  baggage  with  n^  daughter  Mrs,  Hick- 
i9|i^  %^,,5?^ried>to  my  house  by  faer.    Sihe  soon  after  embarked  in  the- 
«f«ny*'*'<f^^"**>'^'"'t  Erie.    On  her  arrival  there,  she  was  per. 
rf**  J5  ^  ***  fi*ffia<»e,  leavihg  her  own  and  my  bagagge  on  board  the 
hrJ3&;,tT?hc  same  night  the  brig  was  taken  by  Commodore  BUiot,  n- 
Ukm.y  the  enemy  iW  burnt,  witii  all  my  baggage  on  board.    Thi. 
losa.ofcmy  doeumants,  has  left  the  witnesses  who  tesfified  against  me,  to  ' 
sppckort  manywportant  points,  f5pom  estimation  and  conjecture-and 
!S*  !S^**  *^"'^  themselves  of  the  liberty,  so  as  always  to  make 

AuJ'^S^**''  '*'"*'  *"*°"^^  ''^  ™*"*  "ff*""*  njc-I  shall  myself  be 
t?*?  ??  !f  •f^»''<'^n««l'er8  from  conjecture  and  estimate-but  when 

J?^:      -     I^T  ^  P'^"*'"*  *•*  *^«  «°«t  *be-  data  on  which  my 
cjntiiHAtes  wer6  Igonded.  ' 

^or^ssupi  the  Brigade  ^fa}o^,  says,  that  we  moved  into  Canada 

!?  S*?  *"■  *"^*^"  ^'"^^'•"^  men-now  neither  the  Michigan  Legion,  ^ 
»r  the  M.eh.gan  militia  crossed  with  the  army  into  Canada,  Ld  bes^es-  , 
there  wpre,  as  the  court  will  recoUect  has  been  testified  by  several  of  the 
wunesses.  aportwn  of  the  Ohio  volunteers  who;  refused  to  cross,  this 
•n^her^'aii  about.  180.  Major  Jessup  further  testifies,  «  That  some 
tane^^rl^  m  A«g^,  a.few  days  previous  to  leaving  Canada,  he  was  caU- 
6d  y  a^9uncil  of  wai-  to  eiplain  a  report  of  brigade,  and  that  theits  were 
tiien  a«h^  hundred  effective  men  in  Canada  and  at  Jtfetr^t.  The 
SJS"  ^"^^I'^^'i  '^^  the  1800,  but  th.i  Michigan  toilitia, 

v^M:lm!^  "^^  ^^l  '^'°  '^'^•'"«f="ff  *<*  *^«  ^''^^-  »t  this  time,  in. 
i.udini^alUhat  were  ether  M'ithm^in  Canndn,,or  at  Detroit,  and  indud. 

6 


M 

ing  the  Lcg^ion,  liow  could  16  or  18  hundred  have  deotatd.iHiihij^i^ 
At  the  time  that  this  report  of  Major  Jessup's  was  made,  we  had  lpf|.|nut 
few  of  the  troops  that  had  crossed,  and  from  the  amount  which  he  gives  of 
the  whole  forces  at  that  time,  to  ascertain  what  was  the  munbjer;  that 
crossed,  must  be  deducted  the  Michigan  Legion  and  the  Ohio  volonte^ 
that  reftise^  ^o^pa&s  the  river.  Thb  willleave  an  amount  much  shorter 
the  sixteen  ot  eigh^n'  hundred,  with  which  Majoi^  Jessup  says  we  |Muii-' 
ed  into  Canada. 

The  court  will  reniember  jAai  by  a  muster-roll  and  return,  made  at  foj^t 
Findly  on  the  26th  of  June,  which  has  been  exhibited  by  the  Judge  A4T9* 
cate,  the  whole  force  whi^Qiit  I  then  had  under  my  opmihand,  fimoun^d  J* 
1,950.  I  was  obliged  to  ISare  detachmenis  at  M'Arth'tur^s  bj^tpfc  hpusiK^^t 
ibrt  Findly  and  at  the  Miami.  There  were  aboutifbrty^wilids  taken  is 
the  vfcssel  that  sailed  from  the  Miami.  I  left  sonle  >sic]K  atthle  rirer;llai- 
ain|andthe  whole  force  with  which  I  arrived  at  Octrfrit,  I  an  conyin^, 
did  iMt  exceed  1500  men— and  I  am  confident,  that  the  force  with  which  I 
passed  into  Canada,  did  not  elCeed  fourteen  hundred..  What  {miportioaof 
the  militia  which  I  had  M^th  me  at  Sandwich  would  have  been  ejIFect^e  to 
lead  against'lhe  enemy,  the  court  may  judge  from  general  experience. ^4 

Majo^  Van  Horn  has  testified  that  when  detaclcnieRts  Were  ordered,  it 
was  always  found  that  not  more  thari  two  thirds  of  therComn^and  p;F<M<%<l! 
could  be  marched.  I  ao  not  believe  tikat  at  any  time  I  could  havftJed  i^OO 
ieifective  men  against  Maiden,  of  these  there  ^as  only  Co}.  Millar's  ziB|^ent 
of  less  than  three  hundred,  that  had  seen  any  service— The  jrestwf^.^i- 
litifc,'whd  though,  they  were  very  atrdent  and  patriotic  in  their.expreni^ns, 
had  had  no  experience,  and  neither  m0n  or  officers  bad  ever  been  trie^*:  :1^  '^ 
not  extraordinary  that  I  should  have^j^t  some%ants  of  corifi^eTM^  jUi  ^hese 
raiwJtroops  for  such  a  contest  as  we  must  have  expected;  b^re  Maj^n, 
when  it  appears  by  the  testimony  of  Col.  Miller,  that  tliieir  .own  o£^«er» 
were  not  willing  to  be  responsible  for  their  firmness  in  an^  ai3sai)%  Col. 
Miller  states  that  in  a  council  in  which  the  propriety  of  attacking  JMal- 
den  was  discussed,  at  which  Gen.  M' Arthur,  Gen.  Cass  and  Col,  findly 
were  present,  "  Gen,  Hull  said,  if  we  would  answer  for  our  men,  Iicl  would 
lead  us  to  Maiden.  I  told  him  I  would.answer  for  the  men  1  commanded^ 
1)Ut  the  others  said  they  would  not  berespohstbleibr  their  men,  but  be- 
lieved they  would  behave  well."  _  •   '   ., 

I  know,  sir,  tliat  it  may  be  said  that  my  proclamation  to  the  Cai)|ij^ians 
^d  my  letters  to  the  secretary  at  war,,  hold  a  different  language.  f.That 
In  these  I  speak  with  confidence  of  attacking  Maiden,,; and  of  tl^ 'excel- 
lence and  sufficiency  of  my  force.  And  I  presume  tttenpeci^atio^si  refer 
to  my  piroclamation  and  to  these  letters,  when  thfey  tllege,  that  Ifjiad  de- 
clared and  avowrf  my  intention  of  attacking  and  Subdi{>1tig,]^ai|den.  I 
cannot  conceive  that  these  declarations  could  prove  me  giiU^y^  if  ll^  ^^^' 
ciures  without  them,  would  not  have  been  so  I  do  not  see,  that  tj^  can  in 
any  way  be  made  the  test  of  the  propriety  or  ifnpropriety  of  tli^-  course  I 
pursued.  It  would  be  hard  indeed,  if  every  general  were  to  be  judged 
ci;lmtha],  who  did  not  acomplish  «f2  the  intentions  he  may  have  avowed. 


43 


'JTiu*  would  be  a  rule,  which  I  presume,  there  are  nai^  gtneraii  woukl  not 

oiWMitt  to  establish.    If  it  were  adopted,  no  change  of  circumstancet 

would  Justify  the  relinquishment  of  a  design  once  formed. 
;  1  think,  when  it  is  considered  under  whet  circumstances  my  procUsnatimi 

Wl^  pub}iahed|  it  will  not  be  thought  just  to  adduce  it  as  evidence  againat 
'iiiilE^'  on  this  occasion.    I  was  then  in  an  enemy's  country,  the  inhabitahtif  of 

Wh|Bh  were  sufficient,  independent  of  his  regular  force,  which  was  esUUish- 

^tt'flei^'^me,  and  of  his  In^Qan  allies,  to  overwhelm  the  army  I  commanded. 

I  had  no  prospect  of  even  maintaining  myself,  much  less  of  making  cott' 
'  quests,  unless  I  could  induce  a  great  portion  of  those  inhabitants  to  for- 

sal^e  his  standard.  It  was  incumbent  on  me  to  use  all.  means  to  deprivQ 
'him  of  aid  fn»D  the  sMrage  tribes.  I  knew  that  these  two  objects  could 
'^ianly  b«  efiected  by  r^esenting  myself  as  hoiitig  the  ulmost  confidence 
'  in  'Uiefijree  I  commaisded,  and  thkt  it  was  able  to  overcome  all  opposition. 

With' these  views  I  published  the  proclamation.    And  indeed  the  force  I 

-  tomdunded  would  have  <heen  e^al  to  all  I  represented,  had  the  same 

'  spirit  oC  desertion  and  defection  continued,  which  had  manifested  itself  in 

'  the  enemy^  eowitry,  wlueh  We  first  mvaded  Canada. 

'     8ttt  uHfortanately  before  we  retreated,  all  calculations  founded  on  this 

has&  had  £UIed. 

In  Biy  lettefs  to  thejwar  "departmenti  down  to  tiie  Jitter  end  of  Ju|^,  I 

spdJc  With  confidence  of  attacking  Mald«ik  whenever  ^S  field  artillery  shall 
'  bepii|NltM;    Bull  beg  thecourt  to  recollect,  that  this  confidence  wu 

^(^t^iided  \jf^  4he  expectation  that  I  then  entertuned,  that  the  enemy 
'  wdiild  be  weakened  by  the  desertitm  of  his  miUtia,  ud  the  abandonment 

of  the  Indians.    In  aU  n^  l^ra  Whic|k  speak  of  the  mtended  attack,  I 

xi^ntibli  Ulso  the  diUly  desertions  fr<Kl|»ltfl$  enemy's  standard.    That  I  did 
^'  ijdt  rely  on  the  competency  of  my^  owpi  f^nttek  until  the  ^lemy's  should  be 
."  ri^hced,  iaust  appev  froia|pyr  letter  of  the  9th  of  July,  to  which  I  have 
''';^;'^jitore_  thito  once;refi6!rred.' -r^^^ 

"'■\    ikbb^'^e  firi^t  c^'Augeistj  we  received  the  account  of  the  fall  of  Michil- 
'  Smidkihkc,    On  tl^|fottirthI  wiote  a  letter  to  the  secretary  from  which 

^  ^  ^  ^^  ^^^^  the  t|liuei;  the  iuvny  undei^ity  command  took  possession  of  ti|i^ 

of  th^  proi^iUce  of  Ui^r  damtda,  every  thing  appeared  favourable,  and  all 
^   ^he  dpeirat^s  df  the  lamy  have  been  successful.    Circmstances  have 

since  occtirred  which  seem  materially  to  change  our  future  prospects. 

The  unejcp«ete#  ^Render  of  Michilimackinac,  aiid  the  tardy  operations 

pf  the  army  at  Ifiagara,  are  the  circumstances  to  wluch  I  allude.    I  have 
"'[  ev«^  reason  to  e^^ot,  in  a  very  short  time  a  large  body  of  savages  from 

thi'  KorChi^whose  <^ierations  will  be  directed  against  the  army.'* 

i/ifte^tliese  ohsfirvation?  I  do  not  believe  that  the  court  will  think  that 

"it  is  to  be  JDStiy  inferred*  either  from  my  proclamation,  or  from  my  letters, 

'  '  ifliltll  ebnitidcred  ^y  forc^  under  any  circumstances  *7hich  existed  before 

We  leh  Cithiidti  competent  to  the  leduction  of  Mdo'^ ; 

4t..n  latr*  of 


ftUki.  t^. 


.■■■■■-.^:.:l    i' 


M. 


M 


M. 


9^^y  about  170  ffviMn,  and  ^50  mUitia.    The  Indian  lo^  couldvjMWW 
be  aarertoined  with  any  precision— it  could  not  have  been  leH  than  wvn^* 
thpusand.    I  alwaya  auppoMd  the  enemy's  force  greater  than  this  fyfcr- 
mation  makea  it    But  whatever  may  have  been  the  force  of  ,^  en«iayi$it 
must  have  been  estimated  as  very  considerable  by  some  of  my  oflwet»,M 
■well  as  myself.    The  court  will  recoUect,  that  when  I  made  the  detait^. 
ment  under  Col.  Van.  Honj  to  th«  river  Raisin,  aqd  Ck)ls.  Cass  and  Jmr^f- 
.  thur  remonstrated  with  me  a^inst  the  suiBciency  of  this  force,  they  cM^h 
proposed  to  goon  that  expedition  with  his  regiment.    If  the  .enc^yt||iad 
not  appeared  to  be  somewhat  formidable  to  them,  they  could  never  have 
adriscd  me  to  make  so  large  a  detachment  as  six  hundred  meniP%» 
•crvice,  in  which  they  could  only  have  expected  tomeetaanudlpartof 
liis  force.    Col.  aTArthur  b4»  offered  other  evidence, of  hi^  opinion  ,pf  the 
power  of  the  enemy.    For  wi^cn  I  l^qposed  to  leave  Jbii^  with  hi*, regi- 
ment on  the  Canada  shore,  he  charged  me  with  having  an  intention  to 
sacrififee  hun,  by  leaving  him  with  such  a  force  at  that  poat,,  although  he 
■would  have  been  in  an  intrenched  camp,  with  arUUery,  where  J)«  would 
hsvc  had  also  some  protection  from  the  gun*  at  Dcteiit,  and  would  be>n 
xeach  of  instant  support  from  thence. 

The  fort  at  Maiden  I  vas  well  acquainted  with.  .J^»  time  pjff^ace  I  had 
oitenbecii  in  it    li^^w  that  it  was  capable  o^being  made  a  pla'c^pf 
strength,  and  that  in  conteliaplation  of  a  war,  the  ArilQsh  far.S(^gif  tiinE>, 
had  been  using  great  exertions  to  put  it  in  the  best  possib)«i,J9tate  of  de. 
fence.    I  knew  for  Mar  twenty  years  a  field  oiBcer  had  cbminanded^  and 
«bout  an  hundred  ^ffular  tj»op$  had  constantly  been  stationed  init,  and 
that  there  alwaysjiad  been  a  r^(#ir  corps  of  British  artillejcy  atlfi^ch^  u> 
■the  command.    The  ^uesti9n  was«  whether  tiie  txQpps  I  Ijad  lu^der  a|w 
command,  so  f^v  of  whom  had  eyeit  been  trlei^  I  was  to  attempi  to  cwfy 
this  fortress  with  the  bayonet  ?  i»«|pr  myself  i)i||Kularly,  when  I  q^ 
ed  what  would  have  been  the  consequences  dllM  iuun^ipcessful  attempt,  1 
had  a  strong  conviction  that  it  would  be  wrong  to,  malcc^  the  eilfoi^^  u^til 
we  could  have  the  advantage  of  heavy  artillery,    iut  l|iding  that  many  of 
•my  officers  who  had  seen  no  sQirrice,  we^  ^^patieht  at,  ^lay,  and^iUne 
dcstroyuig  my  influence  with  the  army,     and  its   discipline,    fey  ttieip 


complaints  and  censures— for  their  satisfaction,  and  jmt  tor  ngr  ow«,  nor 
for  my  ^»  justification,  two  days  after  I  crossed,  that  is,,  on  tl)ie  l4th  of 
.^uly,  I  called  a  council  of  war,  in  which  it  ^as  decided  that  no  attempt 
ought  to  be  made  on  Maiden,  without  the  heavy  ariillery.  My  utmost 
exertions  were  then  U!ied  to  get  in  readiness  the  two  tW;^nty-four  ppunde:^ 
and  two  howitzers  \«hich  were  at  Detroit.  Carriages  were  to  be  inadc  for 
them  entirely  new.'  Though  a  delay  in  these  preparations  is;  one  pf  the 
charges  made  again&t  ^ne,  npt  a  witnesq  has  attempted  to  supporVit.  In-. 
^eed,  gentlemen,  I  daro  appeal  to  every  olticer  who  was  with  me,  and 
who  is  willing  tp  speak  the  truth,  whether  I'did  not  use  all  possible 
^eans,  and  make  all  personal  exertion  to  accomplish  as  speedily  as  possj- 
Bie  this  desirable  cb^sct  !  s£V£r^  times  crossed  IHa  rlv^  Ktve^li^  ifi  itt- 
(peft  Mi(l  hasten  tb«  artii^ers.   I  ordered  plank  to  be  tak^n  <>tw  ^^^ 


MiiiM'is^tirnuih  a  neeegiuy  part  of  the  nuteriab  fer  tlie  ^  cwrU^s. 
<^9t.  Dilliba  in  bis  second  ezantina^on  ■totet,  that  he  rtceired  an  cnder 
*MVnf$reiUl,t^  fomer^,  tknr  the amjr had ctMMd  toCanada^^e 
'iMifhi  i««Mioh  the  15th  or  ISth  of  Juljr.  My  rtttoUeetkNi  ia  <(!hat  the 
<>#d»  feaa  ghne  on  the  I4tb,  that  U,  the  day  after  we  eioaied,  and  on  the 
'vtniy  daj^fhattiiecouQcaofwar  adriaed  that  the  attack  shcMld  notbe 
i*»4b  WftbOQt  %»  heavy  cannon.  Prom  that  tine  it  ia  rtot  preteiided  theie 
"Wm  any  delay  in  fi^aringthein  for  service,  and  could  aot  have  been,  with- 
•iit  the  hm  dt  the  officer  who  was  tnuted  with  the  aenrice.  Until  we. 
«to»tis|  to  ^dwi^  the  artificers  l^ere  en^kyed,  as  appears  by  the  testi- 
mihftit  tbi  sikme  Witness,  in  mounting  the  gtms  of  fort  Detroit  I  beg  the 
cd»lrt  »t0tomiWi  the  testimony  of  Col.  MUler  on  this  point.  He  sayv  he 
««wn0wa«t>f  exiirtion  in  preparing  the  artilleiy.  The  nepeasary  field 
irtilfc*y  ^faj^not*  pnpared  until  the  rth  of  August.  Two  days  pievi- 
ouat«i'«aiiil1ttd' called  another  council.  The  membera  determhied  it 
W«»iild  Iw  idsriaeaUe  to  wait  two  days  for  the  artillety,  and  if  it  was  not 
■^f*  f*|*dyitfie  atticlt  ought  to  be  inade  without  it  I  did  not  concur  in 
^s  dpinldn.  Indifcd,  the  opinion  of  the  officers  in  this  and  the  fiarmtt' 
.  ^?!"!*^'^  ^PP^^*^  *o  m^  inconsistent.  For  if,  according  t«  the  decided 
tip^ion  of  thelhfst  eouneS,  it  was  then  improper  to  make  the  attack  with- 
^dot^heavy^nlnance,  why  was  it  nbt  aa  uecciitfiity,  when  the  last  men^ 
tldned  couneil  iwt  ?  And  If  it  were  proper  to  wiiit  two  days  for  the  artil- 
tery^  according  to  the  opikioh' of  ^e  hut  council,  why  wak  it  not  prt^iev 
tbwiii  longer?  It;;inay  be  «aid  that  between  the  first  and  aecmid  couneil, 
the  c^tehfjr'if  ■  fdrce  had  dUodnishea  by  desertion.  No  doubt  H  had  as  to 
'nunilNilfa%t<dit  ptirt  of  the  militiii  had  left  them,  and  many  of  their  Indian 
'iinieft;'hat  the  fdrt  of  Mal^  retained  all  iu  strength,  and  there  was  no 
did^ibt  i>it  thatth^  rc^ar  fbite  (of  which  not  an  mdividual  had  desert- 
ed) uid  th^  reniaihing  militia.  Was  sufficient  to  man  it  Indeed,  zehi- 
forcemeiitii  had  mived  i^m  fort  Geoi^,  both  in  the  brig  Hunter  and  one 
dther  vessel.  At  |^  couneil  I  found  that  nothmg  would  satisfy  my  offi- 
cers or  the  army,  ^t  jk  mpvenie^t  towards  the  enemy.  I  felt  mjrself  oUig- 
ed' to  yield  to  tlie  advice  of  the  council,  and  did,  as  Gen.  Cass  has  testifiev!^ 
,  declared  that  l  would  lefcd  the  alrmy  agipnst  Maiden,  as  soon  as  the  heavy 
artillery  should  be  completed. 

My  opinion  wail:  that  an  attempt  on  Maiden  should  never  be  made  until 
there  was  an  absolute  c  jrtainty  of  success;  This  opinion  waa  founded  not 
only  on  considerations,  which  I  shall  hereafter  mention,  but  upon  the  order 
I  had  received  froin  the  war  department  in  the  Secretary's  letter  of  the  24th 
of  Jufte,  which  I  have  so  often  quoted— and  by  which  I  was  Erected  not 
to  attack  Midden,  unless  I  judged  my  force  was  equal  to  the  enterprise, 
nor  unleiss^l  could  do  it  consistently  with  the  safety  of  my  own  posts.  I 
thought  by  delay,  I  Was  every  day  strengthening  the  probability  of  success 
in  the  enterprize— because  the  force  of  the  enemy  was  daily  diminishing  by 
the^desertion  of  his  militia  and  Indians." 

|(ntJJ9iouglittnyseIfbound  to  delay}  till  Ihadpossvssedmvselfofevei^ 


m 


poatible  mtMUoTciuuriiicr  raecetSifroi^a  eoiuidcmtioA  of  wb«t  wm|4)^ 
tbe  consequence!  of » defeat  ,         .^ 

Tlie  army  would  hvn  been  destroyed,  if  not  by  the  top«lu^I(  ^jp» 
IndtaiM— iJieymutt  after  a  defeat  have  periahed  for  want  olf  iu|^|A^f«  ^ 

A  defeat  woHld  liave  been  the  signal  for  all  the  hordes  of  8ayag«|  in'i^ 
surrounding  wilderness,  to  fall  upon  the  onsuootssful  troops,  l^crypiih 
would  have  b^en  filled  with  those  remorseless  warrionH*-Btlt]^  was  wit<^ 
the  fate  of  th«  amy  thktt  anticipated  on  such  an  event-^tb^  bornHM  tltat 
it  WQuld  let  loose  on  the  neighbouring  eountry  and  throughwijpfar^tf?!'' 
•ive  borders,  were  presented  to  my  mind.  I  knew  that  if  th^.  jpipy  Lonn* 
manded  were  beaten  in  battle,  there  would  be  nothing  to  resti^^p  tl^^  lif*^* 
ges  of  that  |Mrt  of  our  enemy,  which,  when  a  battle  is  deei4|)^^|Dt^i^|ffl- 
vour,  makes  the  vanquished  and  their  defenceless  countiy  and  pt^^thcu^ 
prey.— In  the  ungenerous  letter  which  ColonnlCMs  wrote  to  t|^  <|(Hrefn- 
ment,  (and  which  as  I  think,  was  most  unwarrantab^  pvi^isbiifdv' fcie 
seems  to  think,  that  these  ar^  philanthropic  considcratiom,;  ust^jl^y  a 
soldier.  But  sir,  though  brought  up  in  the  field,  and  thoiigh  I  ^t^<s^ jM^^n 
something  of  the  hoi-rors  of  war,  I  am  not  yet  such  a  wUKtr,  f§  tlu^  I  can 
think  of  such  scenes  with  indifference. 

When  I  considered  what  would  be  the  condition  of  the  territory  oyci' 
which  I  had  so  lon^r  pv«aui«4,i^dAv«r  which  I  was  then  Governor,  in  case 
the  force  I  commanded,  should  be  beaten  in  battle,  and  the  inhabitants  be 
left  to  the  mercy  of  the  savages,  without  any  stipulation  or  finice  for  tlkeir 
protection— 1  thought  I  should  deserve  the  heSiViest  curses,  if  K  risked  a 
battle  before  1  had  taken  every  means  in  my  pow«r.to  insure  victory.     ^^'' 

These  were  the  considerations  that  induced  in^  to  resist  tjbe  i^rtfen^jr  of 
my  officers  to  move  to  the  attack  of  Maldei^  till  the  8^  of  August.  It 
had  been  ascertained  on  (he  sixth,  that  the  eannonti  would  lie  done  o^  the 
cighth-^and  on  the  sixth  I  issued  anordv  r  for  ^  army  to  prepjm 'io  liiqvc 
to  the  attack,  on  the  8tli.  Every  thing  was  in  readiness  for  the  enterp^izc 
on  the  7th'  But  on  that  cven^ig  I  crossed  with  the  whole  army  tol^ti'oit 
except  a  detachment  of  about  three  hundred  n^cn,  under  Majo. 'Denny,  ^ 
which  was  left  intrenched  at  Sandwich,  and  which  was  ali^  moved  over  on 
the  11th. 

This  retreat  from  the  enemy's  shore  is  one  of  t|ip  acts  of  Treason,  cow 
ardice,  and  unoflicer-like  conduct,  of  which  I  am  accused,  ,  I  proceed  to 
submit  to  your  consideration,  my  answer  to  this  accusation,  and  the  rea. 
sons  which  then  governed  my  conduct,  and  which  I  yet  belieye  to  have 
been  correct. 

About  the  1st  of  August,  as  appears  by  a  letter  of  the  'Itlv'I  received  an 
a^ccountof  the  fall  of  MIchilimackinac,  Lieut.  Hanks  with  his  men,  and 
some  Indians  had  arrived  at  my  encampment.  The  e0ect  of  this  grea^ 
misfortune  was  immediately  seen  and  felt  in  the  vicinity  of  n^y  p^st.  The 
Wyandot  Indians  settled  at  Brownstown,  who  had  previously  sliewn  the 
most  friendly  dispositions,  and  given  the  strongest  assurances  of  their  neu- 
trality, joined  the  British.    Tor  though  'Jiey  passed  oyer  tuider  the  pre-. 


iTliiwI^^f  hftving  been  tnade  priMMnt,  the  dreiiBUtanec*  which  then  «<!. 
ci^^fj^  lefl  no  doubt  but  Uut  they  had  Ibrmed  an  Alltanos  with  the  eneitay 
^'fylprocedureof  this  tribe  of  Indians  waa  not  oidy  evidence  of  their 
vi^tkt  bUt'W^e  defection  of  the  aurroonding  nationa,  who  are  all  unitM  by 
ioitie'sdi^fbf Confederacy,  in  which  the  Wyandota  h«Te«  a^ierior  influence 
^htt  ia  alknoWMAged  by  theother  tribes,  apeaking  of  them  aa  their  Fathtrt. 
Vihieii  (Ifilidfore  t  learned  that  thia  nation  had  joined  the  atandard  of  the 
en^nl]M:%h6w  thtt  the  Chippeways,  OtUways,  Pottawottamiea,  Munaeet, 
ShaWonees^  "Seneluu,  and  other  tribes,  who  altogether  could  furnish  between 
two  and  threlf  tiiousand  warriors,  would  also  be  an  addition  to  his  fbree. 

Aitbeiikethne  T  received  intelligence  aa  appeara  by  another  letter  of 
niltte  tb  'the  Secretary  at  war  of  the  same  date  (4th  of  August)  that  a  Bf  it. 
Isit  oAiSer,  with  55  regular  ^oldiers  and  two  brass  field  pieces,  had  landed 
on  the  iriMt  part  of  Lake  Onurio— had  penetrated  to  the  head  waters  of 
tiie^  I^Wir'  Le  French,  and  was  collecting  the  militia  and  Indians  in  that 
quirfti',  t6  liid  them  against  my  army.  Prom  the  information  I  had  re- 
ceive, Ihad  reason  to  think,  and  so  I  mention  in  my  lettter  to  the  Secre. 
iiayt  nli'fo.  ie  would  amount  to  six  or  seven  hundred.  The  faU  of  Mich* 
ilimackinac  also)  changed  the  disposition  of  the  inhabitants  of  Canat^U-^and 
Ai>m*t£«'  'ffifie  'tlwt  accounts  were  received  of  that  event,  there  were  no 
more  oif  their  militia  came  over  to  us.  I  had  also  heeti  informed  of  the  ar- 
rivai  ojTthe  iBritishteol.  Prbctor  at  Maiden,  and  it  was  goierally,  believed 
that  ^e  had  brou^t  with  him  some  reinfol^eements,  as  well  naval  as  milita- 
ry. To  the  enemy's  naval  force  I  had  nothing  to  oppose.  ^  it,  the 
enemif  m^t  6i)fihtnaiid  the  Lake— obtain  his  supplies  without  the  least  in- 
.'tjir^«|^|^^^'W|nspb^  his  troops  at  pleasure— <and  co<«pera«e  with  land- 
jpot^i^^  cNii^  the  tiiyr^in  of  the  waters. 

i1^al  aW  i^teio^tMr  a  lettev  from  a  Mr.  M'Kenzie  at  fort  William,  to 
a  Mr^.M^ibtoshat  flhusdwich,  dated  the  ISth  of  July,  from  which  the  foUow- 
it^'fUK  ektaurta. 

'<  The  declaration  of'^ar  reached  us  on  tlte  16th  instant,  but  we  are 
neither  iurtbnishad  or  alailned.  Our  agents  ordered  a  general  miuter, 
tv^ich  amounted  to  1300/  exclusive  of  several  hundred  of  the  natives. 
We  are  now  equal  in  i^  to  1600  or  IfOO  strong.  One  of  our  gentlemen 
llfarted  on  fh4$  if^  Witii  several  light  canoes,  for  the  interior  country,  to 
]^U8e  the  natives' to  activity,  which  is  not  hard  to  do,  on  the  present  oc. 
casion.  Wo  likewise  despatched  messengers  in  all  directions  with  the 
^3Ws.  I  have  not  tile  least  doubt  but  our  force  will,  in  ten  days  hence« 
amount  to  at  least  five  thousand  effective  men.  Our  young  gentlemen  and 
cngweis,  offered  most  handsomely  to  march  immediately  to  Michilimack- 
inac.  ^ur  chief  Mr.  Shaw  expressed  his  gratitude,  and  drafted  one  hun- 
,  .dred— They  are  to  proceed  this  evening  for  St.  Joseph's.  He  takes,  about 
as  many  Indians :— could  jthe  vessel  contun  them,  he  n^gfat  have  had  four 
thousand  more.  It  now  depends  on  what  accounts  we  receive  from  St. 
Joaepi^'s,  whether  these  numerous  tribes  from  the  interior  will  proceed  to 


At  the  tiiM  tlntthtt  intercepted  letter  fell  into  tuy  liaikU,  I  was  iftwnpn  i 
hy  Lieutenant  Hanks,  that  before  he  left  MichiUmackinac.  several  spibt'ti . 
the  North.WMt  Tteriterjr  luid  arrived  at  that  post  after  its  surrcndliN^    ^ 
ibrt  WiUiam  on  the  north  side  of  Lake  Superior,  who  stat^  that  n'i^> 
ibrce  ofCanadiins  and  Indians  were  colkcted  at  fort  wiuian,  n«||h^' 
descend  th«  lakes    and  that  there  was  also  *  force  of  theaame  dflie^|ptl«#< 
collected  at  the  outlet  of  Li^  Superior.    I  was  further  informed  tviUtd-^  i 
teiwnt  Itanb.  that  Iminediately  after  the  surrender  of  MiehilfnMcidMM^g'^ 
wWch  Wtta  on  the  18th  of  Juljr,  the  British  commander  had  sent  aii  (}i|ftcs«' 
to  Little  York,  and  itwaa  supposed  that  on  the  returtiofthe  ezptWsai^^ 
the  forces  which  had  been  coUefcted  and  were  coHecting  in  the'noiiiM'* 
togioiu,  would  be  ordered  to  Maiden,    the  death  of  Lieut.  Ilanki  a«|ili^<' 
me  of  the  benefit  of  his  testimoiqr.    Bat  this  is  sufficiently  suppH^dH^''^ 
evidence  of  Mr.  Stone  and  Doctor  Day,  genUemen  who  were  at  MkilQIlmilif^ 
inac  when  it  suRuidercd,  and  who  accompanied  Lieut  Hanks  id  %  Blif*« 
quarters  at  Sandwich— and  Dr.  Day  was  present  when  Lieut.  UiOiuikgi^'^ 
the  communication  to  me.    it  may  be  said  that  Uu»  information  omi  a^^ 
to  have  had  any  influetice  upon  my  conduct,  becatwe  the  nocthetlflii^iic' ' 
couldpot,andinfactdidhotarri*einagreatlengthofUme.  .i^'  - 

I  presume  that  no  testimony  is  wSsnting  to  prove  to  this  couMi' thit  ftM»<^ ' 
the  points  where  they  were  collected,  they  might  have  de^cem^  ^  a  |^# 
days.  The  savages  of  our  cduhtry  have  an  advantage  of  all  otlierd«abe&  v 
the  celerity  and  facility  with  which  they  make  these  movementrt-JSiit'^ 
too  were  to  be  added  by  the  means  of  the  Korth.\(?^  <»ttipi*vi%lifcfci^. 
were  particularly  adapted  to  tnmpportation  f«>m  theirtture  orSr*«»r 
upon  the  waters  of  the  kkes.  >  i  ^J^ri.,* 

As  to  the  fact  that  the  northern  savages  did  not  attire  at'^^Odg*  ri,i«8«e 

ed  at  Detroit  24  days  after  the  capitulation-that  the  SastoliiikiiduiHs'' « 
wj^about  60  warrior,  arrived  three  days  after  the  surreE^t^' 
MichUimackmc  Indians,  with  about  eleven  or  twelve  hundred  wartiS^ 
arrived  about  the  lOth  or  11th  of  September.  "f""^^ 

It  may  be  WeU  to  remark  here,  how  formidable  this  force  proved  t6  be 
althoughit  wasbutasmall  porUonofthatwhicUwouidhave  S^lj    . 
Detmitbeensurrendered-But  can  it  be  concluded  that  this  force  S 
uot  have  armed  earlier,  had  not  intelligence  of  the  fall  of  my  4rmv  reaT^ 

them,wh.chitmusthavedone,afewdaysaftertheeventb^S    wS 
information  of  so  many  adverse  ch-cumstances  had  reachedSmlt 
vious  quarters,  the  fate  of  my   army  appeared  l^^t.^V  tdlL" 

Trate     te^rr'T'T^'J"'  either  seemed  to  me  almo^lZ- 
perate  alternative.    I  must  either  advance  or  i-ctrcat.    IP  i  i,.;i 

»ut  tftat  I  ought  to  have  adopted  the  former  expedient     T  ur«  „Ki  „  iT 
consider  the  effect  a  ret«at' would  have  in  myorlmp^^ 


tejwthfttWM  not  immediately  before  thetf  e^M ;  %hd  ibotirtt  «htf. 
IJMMtotthey  were  very  brmre ,  but  who,  with  .  few  exceptions,  do  not  know 
222".  day.  from  «iy  trial,  of  their  counige-who  dcpiied  .It  pm 
'355*:  ■"?  *'*™*''*  *"  gBnerU.bip  c6n.i.ted  in  incortgaferate  and 
W»Jggjdv«,ce.,  I  jknew  well,  wo„ld  puf.ue  the  conduct  which 

^SST^iu         .  ^  fcprwenUnp  a  retreat  a.  proceeding  froiil  i 
tfc^^-M^uriworthy   and   unju.tifiabie  motirel,    de.troy  the  efficiency  ' 
t^^jLjr^^'  ^  "*'»'>"'«?  me  of  if.  confidence.    The   Cabals    which 
^»^fm  to  .uch  a  heiglit  a.  to  mature  a  plan  of  mutiny,  in  which  my 

flSf Sfto.  ''T  ^'^  ^  ^^"^  "'"^  '^•^"■•*  '=°"'<^  '«'»  •»«  «"tirely  conceafel 
ftj|MW,^though,  mui  I  sawr  the  confc.ion  publi.hed  to  the  world  by 
OM  ^,*||!^con.pirator«,  I  did  not  know  the  extent  of  their  deign 
J&^  circumatances,  dangerous  a.  the  attempt  dn  Maiden  «p. 
P«|t^^  me  to  be,  I  thought  it  might  be  lea.  M  than  a  retreat.    I  determin. 
"Jb^Jj^Maldejv-and  on  the  6th  of  Au^.t,  i.sued  order,  to  havo 
«*«ffi'li*IWte5pared  for  the  movement  of  the  army  oh  the  3th  j  and  feenUe- 
^f*ym  »  >«>  P»"  of  my  conduct^  since  t  have  been  a  .oldier,  that  i 
ttMmm^  jrith  M  much  .elf  conviction  of  error,  a.  1  do  upon  thw     | 
look  back  i<r.th  regret  upon  the  moment,  when  I  yielded  to  the  council,  of 
*«^IJIiypie«wtd  officers  I  commanded,  and  determined  to  make  an  attempt 
^«mim<m».i^^iint  did  not  approve— wl»ich  wai  contrary  to  all  mill* 
^iMftlMgtT^  Which  even  success  might  not  justify.    I  thoueht. 
J«|^?^1^.»..^thatifl  were  successful,  and  could  po«,e..  my^ 
^mmm^*  ^«f^''^»'  J  might  po.siblymaintaIhmyself  there  for 
»?»»»»#W^e-r«P«a  in  that  time.  I  hoiked  I  might  have  some  succour 
and  ieeoH^^frinn  m)r  own  countrj-  and  her  armies,  that  I  had  been  led  ttt 
«l!1^4lf^l?  ?P«?»ting  below  me. 

,    ^^c^'Mlf  4^KS«t;-#^ery  thing  was  in  readiness  for  the  intended 
«or«l!n«nM^t  on  that  day  at  about  one  o'clock,  an  express  arrived  with 

£!*^'l^i!  «**"**  *^'^''"^''"^  °*'^"*  °"  *»»«  ^i-ff"*  frotatierl-two  ' 
*»«»^5  Pj^  .1^.  «»4  one  from  Gen.  P.  ti.  Porter.  These  letter. 
*■«««  jcnt  to  me  by  express  to  inform  me  that  a  large  force  l«,m  the 
fteighb^vrhopd,  of  J^Jagwa  was  moving  towards  my  army,  iut  what 
7^  Mm  Oecisivp,  inJla  influence  on  my  measures  was,  that  I  learned 
fl-OTOthe^e  letters,  t*ut  I  was  not  to  expect  that  these  movements  of  the 
^'^J^^^.  *^  ,^  5hejked,  or  that  my  army  would  be  sustained  by  any 
operations  against  Jie  enemy  in  any  quarter.  I  found  that  the  invasion  of 
^^T^  '^^'f^  ^".  ^^'cre  to  be  carried  on  by  the  300  regular  trooD. 
under  Col  Jiillcr,  and  the  1200  or  1400  militia  which  had  been  placed 
undei;jn^compja|id.  p^cea 

J  ^B^'^  beg  leave  to  tiirntifc  attention  of  the  cotirt  martial  to 

r  W^m^^'^^  ^"^'"'^^^  ^»e  Secretary  al.  war  and  myself,  to  remind 

t^^«fm^|J;t'al  of  Uie  reasons  I  had  to  expect  supplies,  aisistahce  and 

^t**^|»  ^^^nl^Qo)^  the  command  of  the  North-wett^rn  irliiy;- 

*''*="  Wf^^  ^^^'^  letter,  from  Gens.  Hall  and  Porter,  my  .itoatioh 
became  embarrassino- anrl  (T;s«'t<^<?.>;n«.  «»  .. ^^^  .i ,..    .   .         ^ 

hours   before.  With  what  rehictanoe  appears  fr«|h  th.j  te««ni«ny  of  Oen. 


JO 


C|2i9.yi8!(let!  tc  tlte  Smpostuattiesof  mj  ofictrs,  aadgiTenthazn  expa£l9^ 
tioiu  Uukt  I  would  lead  tlte  army  against  Maiden.    1  had  iaiued  ordartj^ 

making  Uie  neccaaary  preparationa,  md  fixed  d  time  for  tlie ^W/ffj^ 

^  knew  well,  what  would  be  the  effect  of  disappointinf  the  expeflta|i^ 
which  these  meaaures  had  raised.  But  aa  Ocn.  M' Arthur  haa  teaUAt||^| 
told  him,  aa  commander  of  that  an^y.  I  felt  myself  retpMtibk  f^^ji^f 
mwvemtnu  and  it's /ate.  fUpder  an  awfnl  sense  of  that  responsibilhy|,||^ 
termined  to  rec^-oss  the  river  with  the  greater  part  of  the  army.  In  |ipkio( 
this  movement,  I  ;.«d  no  design  of  relinquishing  the  attack  of  Ii||||^. 
My  mtention  was  to  take  poat  at  Detroit,  and  there  to  wait  until  attMi  «»• 
val  force  on  the  lake,  uiid  a  co-operation  from  below,  which  fKHn  ^f  ^f- 
jfinning  I  had  relied  upon,  and  which  the  letters  I  had  received  ftvit^  '^PM' 
Hall  and  Porter  gave  mc  reason  to  expect  would  commence  at  somip 
future,  but  probably  distant  period,  afforded  me  some  hopca  of  p^c^ft 
an(t  of  advantage  from  success.  ' 

Jily  further  intention  was  to  concentrate  my  forces  at  Oetrotl^.thit,  f 
roig;ht  from  thence  open  and  secure  my  communication  with  the  jSKilte  <^ 
Ohio  {  upon  which,  in  my  judgment,  the  salvation  of  the  vfKf  Hf^pf^^. 

This  consideration  had  su  much  influence  on  my  measuiea,  not  Ofmy  at 
thifi  tine,  but  throughout  tlic  campaign,  and  in  the  fini^  Burren4cr,  that 
it  will  be  proper  to  present  it  to  the  court  in  such  a  view  as  that  they  may 
judge  of  its  inApbrtance.      '  ^  .  i. 

From  Urbanna  to  the  Hiami  of  the  lake  is  a  jierfeol  urildeRlesf .  "tiiift^ft^ 
this  wildemett,  a  distance  of  120  miles,  and  tlirov^  a  countxx  o^  Wkffio. 
file  Indians  were  the  inliabitants  and  proprictorf,,.th«  apil|y.|yiA  t(|.,ci^^ 
road  when  they  advanced ;  and  it  was  the  only  ro|nd.  :W  whid^  auppUef  of 
any  kind  eould  be  received.  From  the  Miami  tp  thn  sttt^emciMa  optJNe 
Detroit  river,  the  country  is  little  better  than^april^eso^  thoMibflPff 
only  two  or  three  little  settlements-^along  the  Detrint  river  tte  cfUKll^  is 
partially  cleared  and  cultivated.  The  improvements  extend  froai  hiis  a. 
mUe  to  a  mile  back  from  the  river,  and  in  part  ef  tfiese 'Impfoneinetttt,'  on 
the  margin  of  the  streights,  is  the  road  to  ^  t6wn  of  Deumt.  The 
ivhole  country  from  Urbanna  to  the  town  of  Detroit  is  fitted 'With  alwrages  i 
all  of  whom,  with  very  unimportant  exceptions,  tttmii  lioMile  tb  ti>,  and 
infested  every  part  of  the  road  which  was  not  prot^ted  by  itti  iilMMi  ftnte. 
From  the  Miami  to  Detroit,  a  distance  of  72  mileij,  thetiio|d  runs  so  n$ar 
the  waters  of  Lake  Erie  and  of  the  Streights,  that  theibnemy  having  the 
command  of  these  waters,  could  with  the  greatest  fkcili^  ttfttiipmi  ftom 
their  shore,  and  from  one  point  to  another,  detach^' ?iQt^  to  intereefititho 
communication.  Their  vessels  tod.  Would  always  aflfbrd  tbtfln  *  seeuJK^ 
retreat  in  case  of  disaster.  There  were  in  the  whole  ML-hig«n  terHieiy 
less  than  5000  white  inhabitants,  about  2000  of  whom  wiete  »ettied'"«l<^g 
the  U^troit  river,  llie  soil,  though  fertile,  was  but  little  ctiltSli^  r  the 
inhabitants  greatly  leiying  for  their  support  upon  the  supplier  ^bf^sh  and 
venison,  wfiich  the  -*oods  and  waters  afforded.  The  territory  haa  nerftr 
furnished  suificieni  jptovjicas  for  it's  own  inhabitants.  There  KH»' anira- 
ally,  as  appears  fror  (.ha   >  stin^rsny  before  yon.  larirR  nuflmtitiea  of  P^rk 


J;, 


tad  beef  bfomrht  ia  from  the  ittte  of  Ohio.  «td  notwithiUndinf  tb«  tMti 
i^j  of  «,me  of  the  witne.«...  i  ...ert.  that,  .t  the  time  the  .rniy  wm  in 
^quarter,  they  comU  not  h...  uken  the  necemry  «„pplie.  ««,m  th« 
JWW17,  fbr  any  length  of  time,  without  dittiessing  the  inh.bitMnu.    It 

if*  J?1**"****'' *****  ***"  '"  *'"**  o'P««".*e  fc*  troop,  who  wcr» 
«^««e4  at  Detroit,  were  fed  by  supplies  from  Ohio.  The  country  u.-.: 
■MWj^lniuftcient  provitiont  for  an  army,  or  there  could  have  been  no  ne- 
♦ttgtHbr  ftirnJahlng  G.  Harrison  from  the  western  sUtes  at  the  iminenae 

t2SS*  ^  **''  '"PP""  ^'^^  ''o**-  '»'*»«  teitimony  of  Gen.  M* Arthur 
mm iomc  evidence  of  the  sUte  of  the  cointry  in  respect  to  provisions, 
m  mtd  that  from  ti»p  morning  of  the  14th  ef  August  when  he  marched 
f™**  ®^  ^*™'*  *''^  '  detachment,  until  the  16th,  when  they  met  with 
And  Wnted  ai.  ^s  ma  c  ..  -),  of  near  30  miles;  he  saw  nothing  that  wa< 
Jtod  at  muB.  except  some  unripe  com  and  some  honey.  The  opposite 
•r^^  *^  ****  •^"'"^v  were  not  more  productive  in  supplies.  The  whole  of 
»h*  co^  u  •  ^  bordering  on  the  strelghu  and  on  the  f.a](e  is  a  wildemeNb 
fXfC|,c  ^e  setUement  at  \mherstberg  and  a  veiy  thin  population  on  the 
bai^ks  of  the  Detroit  river,  and  a  small  place  on  Lake  Erie,  known  by  the 
n^  of  the  New  Settlement.    Above,  on^  the  river  French,  at  about  the 

*»•»««»  .^f'^y  mile«.  w  the  most  fruitf»a  «od  valual)le  part  of  the 

comary.    *     '        ■  .   .  ■.      i- 

<JJS?!S*ii^^'1.?**^*'^*''  "••''=''  ^  '^  exhausted  by  the  two 
Sr.ri!^^!'"''^**'"*"'  **^*'"  ^''^  *'*>»of  MiphiUmackinac,  when 
1u?l!LT*J***^^ '"•*'•""  »'«»*°'«ho«tile.  and  were  let  loose  upon 
•^.StS^**'*':'"^*'*"*''*"^' "  'PP**"  ^y  *^*  '«"'"  «><'Mr.  MTCent- 
4S15»2Sl?*^.?'  *•**?  ""«»«~«»  wtainers ;  and  when  the  naviga- 
^^ther«|j^ig^l„Qfthp^,^„I^„  ,^,^  free  to  the  enemy,  no 

«?!l^  '*°********^  oh^ined  fron,  the  river  French,  or  the  borderinir- 
c-CfipBtey.    It  am^  bet««Miriced  that  from  the  time  the  army  arrived  at  Dc- 
.mitt  not  one poBtad  of  prvriaions  htd  been  received-r-from  the  moment  the 

4e«lamtion  of  war.FM  known  to  the  enemy,  he  had  intercepted  the  only 

^ofAmBupiiQi}ciiyoB,«ndthu9  cut  off  all  supplies. 
I^q>IKW«  fhm  «  return  made  on  the' day  the  army  arrive4  at  Detroit 

and  whiph  ianumUofied  in  the  minutes  of  a  councU  of  war,  held  on  the  9tb ' 

th«tt)terewefi^th$i!^i]DLS%)re  ' 

135,000  Bations  of  Flout^  i^)(^ 
70«^  lUtions  of  Meat. 

;  Tiup.^tofik,  as  it  Wa«  never  repljepjsh^d,  must  hfive  been  proportionably 

exha»'  JtH^  attli*  ume  of  the  retreat  fyom  Canada,  and  at  the  time  of  the 
final  A^iur«iid«rt  «nd  indeed  would  have  been  entirely  so,  had  we  not  drawn. 
ittfpr  M«:ei?(mld,  our  supplies  from  the  country  j  which  every  day  became 
,th«.jfl|M»  ajrippcd,  and  the  less  able  to  afford  them. 
'  A  m^^  n»a^  to  ipe  by  the  contractor  on  the  2ith  of  July,  shews  liot 
.qpljrllm  quantity  of  provisions  on  hand  at  that  date,  but  it  shews,  by  a  com- 
|Nuw9ii,with  a  return  of  the  9th  of  the  same  roontit,  the  rate  at  which  the 
liroriatons  were  consumed. 

• ,^,  j„.„,,^  3,5^  rca«  III  cvjucncc;  u  iS   as   JOMOWS^ 

^.^royisions  oa  hwd  at  Fort  Detroit,  2SXh  July,  1812." 


Q« 


'fOfGOO  lUtwns  Flour, 
31,000  salted  Meat, 
100,000  WbiBkey. 

^t  has  teen  said  l»y  Generals  Cass  and  M'Artl.ur,  au4  by  other  wiUjeBM^I*- 
that  ti^y  never  'teard  complaints  of  a  want  of  prdvUions'-thtn  is  cefti^j?;* 
ixar :  there  was  not,  previoiuly  to  the  surrender,  an  actual  want  or  deite^l. 
cy  of  previsions ;  our  stoies  Avere  not  then  entirely  exhausted,  but  there  mm 
a  certainty  that  they  vo^id  soon  be  so. 

Such  then  was  my  situation  when  I  determired  tr  retreat  from  Cwi|d«;: 
1  had  above  me  hordes  of  hostile  savages ;  I  hitd  below,  an  enemy  in  a  fer> ' 
ti-esst  which  I  believed  to  be  a  work  of  Ptrength,  and  sufficiently  maniied  fot 
iti  defence !  Ifound  that  he  bad  lee.i  left  at  liberty  to  augment  Liri  l^i^ 
by  drawing  his  troops  from  all  other  point?,    f  ct  mmanded  rui  arniy;  tKe* 
troops  of  which  (except  a  few  regulars  of  the  4th  regimant)  had  tHle^ie. 
Heiice,  and  had  never  heen  tried ;  and  this  army  vas  officered  by  «teni^tbfti 
chieSfofwhomhadnot  hesitated  to  express,  in  the  most  indeed*' t«iM^ 
his  want  6t  confidence  in  me.    1  was  told  that  I  must  not  expert  ai^ctN 
operation  or  ass  irtiance.  t  saw  that  my  provisions  would  he  soon  exhtostcd 
and  that  neither  my  own  nor  the  enemy's  country  would  aflMl  mmtdet 
ft*  any  length  of  tiine :  I  saw  that  my  only  communication  WMl»utj0ii^|im(i' 
unless  Jt  were  opened,  the  army  would  be  subdued  b  -  v»/U  3  MB'  i 

'Inder  these  circumstances  I  determined  to  recross  the  irifeiv  ■t'^-^ho 
principal  part  of  the  army,  riot  with  an  intent,  as  I  J^yrr  ^i^dt^  t^-^^|;ijig|,j^ 
the  citterprize  against  Maiden  and  the  upper  provider,  ifc^t-qto'^i%>a 
Cooperation  and  assistalice,  which  might  afibrd  iftara  fiitn^t^iihi^i^  yy^gj^i^ffti^ 
and  in  the  mean  time,  which  J.  considered  a  duty  of;flie  mat  Unxtpttfoce  to' 
open  the  communication  by  which  I  could  obtain  suppKes^/^  i^^ita^lijoTi 
Maiden  ^as  an  alternative,  which  as  I  have  sai^,  pw^esil^ ,its^|Ci  to j^ 
mi?id,  it  Was  one  v/hich  I  had  the  most  powerful  mdwcenierite*pjiuiwt}  J 
*ell  knew  what  rewards  of  hono?  and  glory  awaite4  an  achievemenii^icli 
ray  coimtry  bad  been  led  to  expect,  with  so  much  certainty  ttiaflxiejtyj,  J 
knew  what  were  the  expectatiojhs  of  my  officers,  and  what  releht^ent  11 
disappointment  would  create ;  I  knew  a  retrogade  mo\xii»en!t  woul^  expose 
me  to  censure,  and  to  the  malice  of  my  enemies,  dut.  in  delitierating  on 
this  alternative,  I  could  not  but  take  into  view  the  poisibjlity  of  a  defeat  in 
the  attempt,  and  the  consequences  which,  as  lliave  before  mentioned,  would 
result,  not  only  to  the  army,  but  to  the  people  of  the  Territbiy.  A  Wore  de- 
cisive consideration  however,  induced  me  to  reject'this  alternative ;  I  then 
felt  confident,  and  I  do  now  feel  most  confident,  that  ifthad  attacked  MiU 
den,  and  had  been  successful,  it  would  have  l)een  biit' jiliseiess  w*jte  of* 
blood.  It  would  have' been  utterly  impossible  to  have  «iaU»tkiiied  the  fer- 
tress,  it  npust  have  fallen  for  want  of  supplies.  It  must  be  t^Membbi-etiibat 
\he  waters  of  the  Lakes  vi'ere  shut  against  us.  There  coiiS!  ha«^  1)^«h  no 
possib''  communication  with  the  fortress,  but  by  the  road  which  1  had- idut 
tht  ough  the  wilderness.  How  was  that  road  to  be  kept  c^en  f  Most  prdba. 
bly,  after  an  engagement,  or  after  carrying  the  works  by  storm,  I  eoold  lave 
^aken  into  Maiden  but  a  few  hundred  men.  >  , ,,  ., 

^^•"i<i  Ibave  made  sufficient  detachments  from  the  garrison  to  baye^pe^" 


^rmed  thi.  «epvioe  f  Let  it  be  ntm^mbwd  that  Oenernh  M'Arthur  «A 
Pass.  cenMtf- '  me  for  sending  .o  sinall  a  Octachmcait  as  800  men  on  this 
Juty,  and  thought  the  fcrce  ought  to  have  been  double,  or  equal  to  one  of 

^Z.?frT;  *fj'^'' ^*'^~* ^** "^'^ ^ °»«» 280 oirwhoMwere 
atoost  the  whole  of  the  -egular  force  under  ii»y  command,  had  defeated  the 
^«y  new  Magnagno.  he  thought  it  necessary  to  send  to  me  for  a  reinforce- 
m«lit^f  WO  or  200  men,  to  enable  him  to  secure  his  passage  to  and  from  the 
mer  Raiam,  though  his  loss  in  the  batUe  did  not  exceed  80,  and  though  he 
Sf  V  ^^  '""  ^"""^  he  was  to  be  jomed  by  the  detachments  under  Cap- 
u^njllrush  and  the  companies  under  Captains  Campbell  and  Rowland.    If 

♦^?V  *'°u  ^''^'^  ^^^"^  '*P®"*'*»  ^^  "o  supplies  could  l»ve  passed  into 
^>m.  without  crossuig  the  water,  and  on  that  the  British  had  a  force,  bft 
r  k!^  had  nothing  to  oppose.  If  we  had  possessed  the  fort,  it  would 
^^|)epf»  J  Tessed  by  the  North.West  company  and  its  retainers  from  the 
^Sr^*  WAtljali  the  hosts  of  Savages  of  those  regions.  A  British  force  no 
HW^ir«Wdhave  approached  it  from  Lake  Ontario  by  the  Biver  La  French— 
«atts,,rirter  it  would  have  been  attacked  by  the  naval  force— and  aU  this 
It  must  hare  encountered  without  the  posaibUity  of  obtaining  supplies,  and 
witbptttthe  least  prospef  ,t  of  relief  or  assistance. 

-  «fjii4|r«ieitt,  Mr.  Prr.flident,  may  misleadme  now,  as  it  did  then— but  yet 
■   V^  *T  ^^  ***  ^  ^"^  »™y  '  commanded  to  the  conquest  of  Maiden 
^>:4aclf*i»uin8taflee8  as  I  have  stated,  it  would  have  been  as  great « 
«ratte  as  iflny  of  irhichi  am  accused. 
*^«^!tt  I  ito  that  islwdd  have  wanted  that  consciousness  of  havm^ 

?~'*'®?°****!*'*°^"«'«  *"*  according  to  my  bestjudgment.-hichhas 
prtM^trtE^Oon^^ 

^H-!^^"fT***«  "^atcd,  and  as  I  think  the  testimony  proves,  that  the 
fcrtuy  tod  tibtpr^foioM  for  any  length  of  time-and  that  neither  my  own 
^ae«'remJ:'scotmtry  could  have  been  capable  of  furnishing  them-I 
1^  **^.^  **^*?VtK3  members  of  thU  tribunal,  how  important  it  waste 
'*^**«**^1*  open  the  road  I  had  made  Jwoughthe  wilderness— tlie  only 
cdiftmunicaUott  b/n^ich  suppUes  could  approach  me. 
,  *"  "^'S^'J  ^#«  th«  fiwt  great  object  of  each  contending  party,  is  the 
re«6urces  of  Hi?  en^my.  The  fate  of  armies  is  found  to  depend  upon  the 
«bur.duncc  of  their  resources  j  on  their  security,  and  on  the  facility  of  keep, 
ipg  up  a  cominunication  with  them. 

^  It  hwbecpnie  a  principle  to  maneuver  in  such  a  manner  as  to  cover  the 
fPW  from  wheiKje  supplies  may  be  drawn— not  to  go  far  from  them  but 
:**#jSr«?tp«'»tion-*nd  never  to  cease  preserving  v/ith  them  those  con." 
.ejections  in  which  the  strength  of  an  army  coasists,  and  on  which  its  strengtli 
depends.  The«  ai<8the  sentiments  of  a  modem  military  writer  ofgreali 
cpWwity-.  .Tbe  experience  of  all  military  movements  in  latter  times  prove 
'theus.corpectness.  I  always  fe't  the  force  of  them.  It  was  agreat  violation 
«f  these  principles,  and  therefore,  as  I  coiisidered,  a  great  mistake,  to  march 
fie.  army  I  commanded,  after  the  wa.-had  commenced,  to  Detroit-leaving 

a  BrStiah  <mii.piann  ID  •nil...  :_ i- i  ... 

.       J, ...  „.„^^  .J.  .^.jjj.  _jj_^  uirccuy  upon  oar  line  oi  uouuuuai- 

atioD,  which,  from  it^proxijnity  to  the  lake  and  hi* forse  upon  the  water, 


09r 


the  eneiBf  hid  the  means  of  intercepting:  wiA  peealiar  facility.  Bat  the 
orders  I  received  in  the  letter  of  the  Secretary  of  war,  which  announced  to 
me  the  declaration  of  war,  were  positive  upon  this  point.  They  left  me  no 
discretion.  I  was  to  march  to  Detroit,  and  there  to  wait  for  further  ordwsv 
I  had  seen  the  necessity  of  keeping  open  the  communication  wheh  I  una, 
on  the  'march— and  therefore  I  built  aiid  garrisoned  block  houses  ok  the 
road.  When  in  the  enemy's  country,  I  felt  every  day  more  strongty  the 
force  of  this  necessity,  and  therefore  detached  Major  Van  Home  on  that 
service.  ■    r    : 

Whether  that  was  a  proper  detachment,  as  it  is  made  a  separate  dSurge, 
will  be  a  subject  of  separate  consideration,  in  a  sabsequentpart^lify 
defence. 

After  the  defeat  of  Major  Van  Home,  and  when  1  found  tlie  sitastion  of 
myanny,  immediately  before  1  left  Sandwich,  such  as  I  have  before  de" 
scribed,  I  was  perfectly  convinced  that  no  success,  not  even  the  dtptute 
4»f  Maiden,  could  save  it  from  eventual  destruction,  if  my  communiCAtiiOR 
)vith  Ohio  was  not  opened.  .;        , 

The  court  will  recollect  that  Gen.  M* Arthur  and  (Sen  Cass,  have  stated 
an  their  testimony,  that  when  they  objected  to  the  sufficieQcy  of  the  foit»^ 
I  detached  under  Major  Van  Home,  they  each  recommended  thftt,  I  should 
send  him  with  his  regiment  on  tliat  duty.  This  shews  what  for^e  iff  ;thf^ 
estimation  was  nocessai-y  foi*  the  purpose.  What  f>];eeC<^.  Miller  tlwiq^ht 
necessary  I  have  already  stated.  If  these  gentlemoi  were«orre<:t  oQithU 
point,  my  army  could  not  have  been  inaprop^  sitii*tioarfWbieai.I>nMii^ 
have  stretehed  back  with  nearly  half,  and  the  most  efficient  part  df  iny 
fcommand  to  insure  me  supplies.  It  must  be  recollected  alio  cihst  it.wiift 
not  a  temporary  detachment  tliat  would  have  answered  any  fwrpon^* ,  1 
must  have  kept  always  separated  from  the  atn^  a  sufficient  (i^Cf^e  to  huve 
kept  open  tbe  road  from  Detroit  to  Ohio^  4i,4^titpce  ^  about '^"0 
miles.  I  do  not  believe  that  after  the  fall  (^  MichUiiaacicinac^  when  &e 
savag^es  became  arrayed  against  us  and  infested  every  part  of  the  tbnii 
my  whol^  force  would  have  been  sufficient  to  have  protected  aoear- 
tenslve  a  line. 

These,  gentlemen,  were  the  grounds  on  which  linade  a  retrogade  more* 
ment  widi  a  part  of  the  army  to  Detroit.  It  was,  frpm  thence  to  opoitte 
only  channel  through  which  it  could  derive  the  mMtti».of  eadsterice.  I 
repeat,  my  judgment  may  have  misled  me— if  it  did,  itoontinueB  yet  %» 
mislead  me — for  every  day  that  I  have  lived  I  have  become  more  con^klent 
that  I  did  right  to  leave  the  Enemy's  country.  Had  I  fallowed  fke  dictates 
of  my  own  judgment  I  should  have  made  my  retreat  to  the  Minniy  and 
there  waited  for  co-operation  and  assistance.  ;>  '^  i.;^  i. 

The  distance  from  thence  to  the  Ohio  would  have  beea  comparatively 
short,  and  I  should  have  had  no  enemy  in  my  rear    but  scattering  savage^^ 
and  he  could  not  then  have  availed  himself  of  the  great  advantage  he:  d6> 
rived  from  the  command  of  tlie  waters.    For  the  reason  that  1  did  no^di)  sjL  ' 
Ipt  me  appeal  to  the  testimony  of  the  two  officers  next  in  commaod. 


When  I  pitposed  this  measure  to  Col.  C«m,  his  tMmr  waa,  that  if  I 
did,  under  the  then  existing  circumstances,  every  man  of  the  Ohio  volunteert 
*J«uld  leave  me.    His  knguage  was  in  substance,  as  he  sUtes  it  himself— 
%»t  the  volunteers  would  retreat  with  me.  if  they  thought  a  Ktreat  necesl 
"•Wy:   but  as  they  undertook  to  judge  that  it  was  not  then  necessary, 
they  would  leave  me,  and  not  a  man  would  retreat  under  my  command. 
Co*.  Cws's  testimony  on  this  subject  is  in  the  following  words-    '•  I  recol- 
•iect »  conversation  with  Gen.  Hull,  after  the  retreat  from  Canada,  and  he. 
fore  we  went  to  the  River  Raisin,  in  which  Gen.  HuU  suggested,  that  as  ho 
hefrd  of  no  co-operation  from  below,  it  might  be  necessary  to  take  post  »C 
flje  Miami.    I  think  I  told  Gen.  Hull  that  ii;  under  existing  circumst«»ces, 
he  took  such  a  step,  the  Ohio  militia  w»uld  desert  him  to  a  man.    Whether 
I  tcld  Urn.  Hull  so  or  not,  I  am  confident  it  would  have  been  the  caie  »    K 
may  be  well  to  remark,  that  this  testimony  of  Col.  Cass's  is  evidence  of  the 
msubordmation  that  was  among  the  troops.    By  whom  and  by  what  meami 
It  hadlieen  encouraged,  the  court  may  judge.    Upon  this  part  of  the  sub- 
ject, that  IS  to  say  the  retreat  from  Canada,  I  have  but  a  few  moro 
«^rds  to  say.    1  retreated  for  the  purpose  of  being  enabled  to  take 
effective  measures   for  opening  my  communication.      The   importance 
6f  aeoraplishinjf  thb  design,  I  have  endeavoured  to  shew.    But  it  seema 
that  the  govfemmcht;,  or  whoever  it  may  have  been  that  drew  the  charge* 
th»t  ate  no#1)efo*ts  you,  were  also  sensible  of  this  importance;  for  one 
«f  the  accusattons  that  I  am  to  answer  is,  that  I  did  not  keep  open  thi» 
OOHfUUaieationr  and  yet  the  measure  I  took  to  accomplish  this  object,  an< 
ivhidhwat  the  only  measure  that  afforded,  any  prospect  of  success,  thatt 
te  tasajriwithdriwing  the  army  from  Canada,  is  also  made  the  ground  of 
teri*teitj«i.v 

1  bejp  the  court  to  notice  that  these  reasons  for  the  retreat,  are  such  as 
I  assigned  for  it  at  the  time  as  well  as  now.  For  the  evidence  of  this  t 
sefer  tci  my  letters  to  the  Secretary  of  war  of  the  4th  and  8th  of  August. 
>ly  letter  to  Governor  Scott  of  the  9th  of  August,  and  my  letters  to  Go- 
vernor Meigs  and  Col.  WeUs  of  the  11th  of  August.  AU  these  shew  that 
I  abandoned  Canada,  because  I  had  ascertained  that  I  would  soon  be  sur- 
rounded by  an  overwelming  force ;  because  my  communication,  if  I  re- 
mained where  I  was,  would  inevitably  be  cut  off;  and  because  Ifbun^ 
that  the  few  regulars  and  militia  I  commanded  were  to  be  left  to  carry  on 
without  any  assistance  or  co-operation  the  offensive  war,  which  the  United 
atat^  had  declared  against  one  of  the  most  powerful  nations  on  earth. 

The  surrender  of  the  fortress  of  Detroit  and  of  the  forces  in  the  Michi- 
^territory  under  my  command,  is  another  charge  against  which  I  am 
now  to  defend  myself.  I  heg  the  court  to  observe,  that  the  course  I  am 
pursuing  is  to  examine  in  the  first  instance,  the  propriety  or  necessity  of 
these  prioeipal  measures.  The  circumstances  attending  their  accom- 
plishment, being  ground  of  distinct  accusation,  1  propose  to  give  them 
distinct  d)nsideration. 

—   —  .....  po,r,t  .,„   r,«i-ji2  i  am  iiuw  aooux  to  maEe  my  Uefence,  I 
must  beg  the  coim  tfl  husv  in  minA  ivhat  I  have  said  in  relation  to  the  de-' 


-md^ 


lay  in  attacking  Muldeii,  and  to  recrossing  the  river~]niich  of  Wiiat  f 
have  iaid  upon  these  subjects  will  be  applicable  to  the  charge  now^  undei' 
consideration.  The  same  facta  are  reiterated  in  the  specifications  in  aoi 
many  different  forms,  that  it  is  difficult  to  analyse  them,  and  might  <tx- 
buse  repetition.  But  I  shall  endeavour  as  much  as  possible  to  avoid  troi- 
piissing  on  the  patience  cf  the  court,  and  shall  not  repeat'  'WhatI  l||fe 
already  said,  further  thsf>  maybe  absolutely  necessary  to  make  mgaijt\ 
Clearly  undj^rstood.  ; ,{ ,, 

The  extent  and  st^te  of  the  force  ilndcr  my  command,  at  the  t-me  of 
the  attack  on  the  15th  and  16th  of  AUgitst,  must  be  ascertained  before  so^, 
tondaet  can  b6  dtily  appreciated.  ,     ,  ^, 

^'  The  detachments  tinder  Cols.  M'Arthur  and  Cass,  consisting  pf,*^  af 
tfie  liiost  efleetive  men  of  their  regiments^  vrerc  absent  on  tipiiJE  e^JJfdi- 
tioh  to  the  river  Raisin.  .    /«,,v 

On  the  morning  of  the  16th  the  Brigade  Major  J^esaup,  aa  ap|:teu»|ijf 
his  tross  examination,  had,  by  my  orders  made  a  report  of  the,  effef>t»re 
iben  under  my  Command.  He  stated  the  number  ii»  appears  by  a>4oc|i- 
Inent  hefbre  you,  in  the  three  Ohio  regiments,  to  be  700,  iacladiRg  tbt 
i/lichigftn  l>gion  and  waggoDers-^but  not  the.,  MiChiglfi  idlititb.  -  The 
ahned  inhabitants  whi6h  sujne  of  the  witnesses  httve  fiieati^ed»  i  ptesimM 
Were  not  intended  to  be  mc^<;^ded«  and  inde«i  should  not  h^^liftfen'  For/ 
^though  it  may  have  been  agreeable  to  tlie  dispositldb  ok  mhu^if^iua» 
testified  in  this  cause  to  mention  them  here,-  that  they  iliiyightl^tiQlaay  Mini 
ben  in  ^e  eyes  of  Hie  court— yet,  I  believe  it  will  not  be  t%i(>^t  thatAt. 
6ught  to  have  taken  them  inlo  calculation,  in  estimating  inyineiuitf^ 
deience^  In  the  field  they  were  only  likely  to  be  the  firsjt  to  set  lia  «iBf 
ample  of  disorder,  and  in  a  siege  they  would  only  hiM  ittcreased  tfatt  t^tiak 
sumption  of  provisions.  t  '  ;     ., 

Major  Jessup  says,  that  On  the  15th  he  received  an  estimate  fcom  ohBo^ 
Ihe  adjutants  of  the  number  of  men  lit  for  duty.  He  thii^tf  it  exceeded 
one  thousand.  This  estimate  was  not  deliyettd  to  me-^iit  was  given^-tlf 
<3en.  Cas^  the  day  after  the  battle,  but  (or  trhat  purpose  does  not  appear! 
ttt'iah  Gen.  Cass  had  produced  it  on  this  occasion.  Of  the  iOOQ,  if  there 
were  so  many  effective,  only  320  were  regulars— that  being  Ma f{»  ftielling'*' 
elitimate  of  the  effective  force  of  the  4th  regt.  oh  the  day  Of  the  aunrender. 
The  rent  of  this  1000,  were  comprized  of  the  Ohio  volunteers  and  Michi-' 
gan  militia.  In  my  letters  to  the  Government,  and  piy  official  account  of 
the  unfortunate  termination  of  the  expedition  Under  my  command,  i  have 
always  spoken  of  the  zeal  and  bravery  of  these  trOops  in  termtf  of  respect^ 
and  I  still  think  they  merited  all  I  liave  said  of  them  in  these  respects ;  j-et 
in  estimating  their  probable  services  in  an  ai-duous  conflict,  I  eoiUd  not  but 
eonsider  their  real  character.  My  experience  in  the  revolutionary  war  bad 
ixed  in  my  mind  a  distrust  of  tlie  services  of  undisciplined  militia,  hower*, 
er  ardent  and  valorous  they  might  by  language,  and  even  by  actions,  when ; 
not  before  the  enemy,  make  themselves  appear.   Indeed  the  organization  Ot'' 

the  YnllitiA  P.tyrn$  I  Ka/I   with  tPjS  V/&B  'H^rtl^ularl?  C^l^-'l-''t'^d  ^'^  ^^T'^ff^  A^ii. 

trust  -witfe  respect  to  them 


All  their  officers  held  their  commissions  in  virtue  of  an  election  m^H- 

My  second  in  command.  Col.  M'Arthur  has  nr«.fi.o».i  u-   *    .- 
'filing  you  that  at  such  a  time  he  was  eleL^  CoTonei:^^^^  "^ 

«kct«d  MujoiwMr  M'Cormic  was  elected  a  Lie»UenltlSLlh.f  ^^ """ 

What  oc,„p.«  ,,^^^  ^.^,_^  ^^^  eiec;rd  rhr;h:mt^  r^^^^^^^ 

l^c^l^T      kT''  '""  '°"^^^"  ^'^^^  -t-^»ta„dinff  all  S^l'exnti 
^r«^>Zo^'  "If  '^'"'  «-v  have  not  yet  leam'ed  militarril 

•^^onl^^    "'**  "'"•  P™'^''-^'  ^'•'^  P*--"  o^  their  fiLcn 
'fieii.  M'Arthur  in  describing  the  disposition  he  intended  to  mat.  nf  k- 
yS"  '"*  "'*"  **^'='^'  ^P"'^^'  -  he  would  ofTe  IJ  o^a  '^^^^ 

tii«  &r!f  7  .  ^^^  *"'*'"''=^  °*  *  datachment,as  they  would  ot 

^^n^r.Z    "^''''?■'~''^•    «'«<=*«'!  officer,  c^  never'be  calcu 
SXinTurXn     7'""'"r-    '--'y^t-tion  the  elected  will  be  un- 

t^tL^tSft**  ;^^^^^^^^  '  ■'"'^^^'  '^'^  -»«ft-  l>e found 

i»cZIl«!w       -Jr  .t'     *™''''^'*y*"*^'^0"<i«'«ensi<>"  which  are  toUllv 
Wccmpatible  With  military  discinlino     ti,»  ^      .i.  .         •*■"  "re  toiauy 

I  lueir  own  teelmgs  m  mtercourse  with  their  superiors. 
h..^Z^Zttm:  t""'''  "'*  -hat  confidence  the  officers  who 

,  ^■Z:t'jT^:;  !:::r;rtfeirTdre%r-^-\^- 

'  thought  that,  when  a  council  of  w^  wa,  c^led  Tw.-  t   h  '''™  *"  '"" 

able  elucidatonnridl/or^r'f  ^t  ^-horne  is  a  remark- 
seems  to  think  that  ll^ZtyTLl  "V.  ""  "  '''^  "^P"^-  «" 
cat^fulto  -certain  Jc^S^^^et^^^^  "^^^-^ 

tK6ughi  as  it  turned  out.  I  had  omitC  to  UAh  .  V'^'"  P''^^'"'  ' 
whose  opinidnkcoincided  witkmy  own  ^'  '"*'  "'  '  ^^"*^'^'"- 

Mr.  Piteiident.  my  Ideas  of  a  council  of  war  are  that  if  ;«  .  ii   w      . 
vise  the  responsible  ofiicer  as  to  ««„  „      .        ^f,  that  it  is  called  to  ad- 

to  subwit  to  its  members     that  L^  Tf!  ?  '"^''^'  ^'  '^'"^  '^^"^  P'"?^^' 
liberation  ci^urtTnces  ^  11  admr*        '"^^^'^--^h.  with  what  de- 

thatafteraHheisbr;r;l:X^;rrc:^^^^^^^^ 

ment.  be  the  opinions  of  his  officers  .vh».l,.,  1.       *  ?  •'"'^^"■ 

advice  of  a  council  will  not  in  all  ..7""- "Tr  "'"Y""^'"^'  inasmuch  as  th« 

8  .  .  *■ 


S8 


by  a  intjority  of  yotes.  These  are  considerations  xrhich  I  thliik  it  necetsary 
to  impress  strongly  upon  the  minds  cf  the  court  It  unfortunately  happened 
that  on  most  questions  which  I  submitted  to  the  deliberation  of  aqr 
officer^  their  opinions  and  mine  *d  not  coincide— and  maiqr  of  the  wk. 
nesses  seem  to  think  that  therefore  they  must  be  condemned— But  sucfh  a 
principal  will  not,  I  hope,  be  adopted  by  this  court.    The  decisions  of  the 
coanciu  should  have  had  the  less  influence,  because  it  must  be  recollected 
that  I  could  not,  with  the  exception  only  of  the  officers  of  the  4th  reg.  etSA 
for  the  advice  of  a^y  one,  who  had  seen  the  least  service  or  had  the  least 
experience  s  for,  though  most  of  the  witnesses  who  have  been  produced 
on  the  part  of  the  government  have  appeared  with  the  titles  and  badge* 
of  high  military  rank— yet,  it  is  certain  tfiat  most  of  these  genttemenj  when 
they  joined  my  army,  knew  no  more  of  the  duties  of  a  soldier  than  was  to 
be  learned  from  militia  musters  and  parades  about  their  own  home*. 
What  services  they  may  have  since  performed  to  entitle  them  to  the  hon- 
ours they  have  atta'med  I  am  ignorant— and  only  hope  that  their  ekivat^ 
r*ik  (as  it  ou^ht  to  be  presumed  it  was  not  ifiteMded  it  should)  t^ffl  not 
give  them  any  other  weight  than  they  would  have  had,  if  they  had  re- 
mained in  their  fortfaer  subordinate  stations  until  they  had  given 'thtir 
testimony  against  me.    These  observations  are  made  in  reference  to  the 
principal  part  of  the  troops  I  had  under  my  command— and  ti»  shew  th«t. 
although,  as  men,  they  might  be  trave  and  patriiatiCj  a«rb«ve  •iway*'M«e«d 
they  were,  and  as  I  have  always  spokeribbth  6f  theofficei*«id  s6J<Mer*-yet, 
from  the  manner  of  their  organization,  aAdfroMi  ibeit  W«lt6f  disoipUt©^ 
experience,  they  were  not  that  kind  of  fiwce  up«m  WhiefafaeomnUMder  f:<^U 
feel  in  an  arduous  conflict  the  firmest  Reliance.  So  far  a»  w*had!*(»f  opfw- 
tunity  of  judging  from  trial,  this  wantof  confidence  in  forces  ^tiiiideiBrip- 
tion  was  j  ustified.    The  expedition  under  MajW  Vanhorhe  was  the  ^y-Jn- 
stance  in  which  the  volunteers  acted  by  them'sdves  in  any  aflSut  ttf  epmt- 
quence;  for  the  rencountre  at  the  Aux  Canards  bridge  (although  both  theof- 
ficers  and  men  behaved  well)  was  but  a  skirmish,  whifchcouldHai^ybea 
test  either  Of  courage  or  discipline.  The  detachAient  imder  Major  Vanhome 
as  he  has  testified,  were  not  surprized.    He  had  fuUyprepared  them  ac- 
cording to  his  statement  to  expect  tlieir  foe— knd  yet  h|s  party  was  dis- 
ordered by  the  first  fire  of  the  enemy.     Notwithstanding  all  the  gallant 
exertions  which,  as  he  has  stated,  he  made,  he  was  unable  to  rally  th^m, 
or  to  prevent  Uieir  flying  in  confusion,  in  the  very  first  moments  of  attack, 
by  nothing  but  savages.  s 

In  submitting  to  your  consideration,  genUemen,  the  fate  of  the  forces 
under  mv  command,  I  must  not  omit,  painful  as  it  is  to  itte  to  advert  to  it, 
the  unhappv  terms  in  whicli  I  was  with  my  oflicers.  They  took  no  pains 
to  conceal  what  tliey  liavc  here  testified  to,  that.tbey  bad  lost  all  coRfidence 
in  me— many  of  tliem  manifested  it,  as  appears  from  their  own  testimony, 
by  tlie  most  ir<kccnt  conduct  and  expresj^iops.  The  court  must  recollect 
the  language,  which  1  foibei.r  to  repeat,  thai  my  second  in  cG-jS'-sr,.-', Oil- 
M'Arlliur  (now  B>\^.  Gen.  M'Arthur)  represents  that  he  addressed  to  mc 
irhen  1  proposed  to  him  to  remain  with  his  regiment  at  Sandwich.    Let  it 


be  rcmembereid  too  that  the'Brijf.  Gen.  has  stated,  that  when  we  were  in 
the  face  of  the  enemy,  and  he  might  hourly  have  expected  to  be  called  to 
battle,  he  used  this  language,  with  an  expectation  that  he  would  be  arrest- 
ed :  with  an  expectation  that  at  such  a  moment  he  would  be  put  in  a  situ- 
ttion  that  he  could  hot^  be  called  upon  to  uit  his  sword.    Briy.  Gen- 
M'Arthur  has  said  that  these  expressions  were  extorted  from  him  by  insin- 
uations of  cowardice.   I  meant  no  such  insinuation.    His  declaration  that 
he  felt  his  single  self  able  to  carry  the  fortress  at  Sandwich  against  any 
farrison,  left  no  room  to  doubt  his  own  good  opinion  of  his  prowess. 
When  Gen.  M'Arthiu-  addressed  such  language  to  me,  I  had  never  seen 
any  thinf  that  would  have  warranted  such  an  insinuation  as  he  conceives  I 
inade.    But  if  any  thing  would  justify  an  impeachment  of  that  officer's 
courage,  it  would  be  such  conduct  at  such  a  time.    It  m.iy  be  thought 
that  1  ought  to  have  arrested  Gen.  M'Ai-thur.    It  is  not  one  of  the  charges. 
Bgaiitst  me  that  i  did  not— and  therefore  I  shall  not  digress  further  from 
the  course  of  my  defence,  than  to  say  the  peculiarity  of  my  situation  alone 
prevented  my  doing  it.    If  I  had  taken  such  a  step,  I  have  no  doubt  his 
men  who  had  elected  him  a  Colonel,  would  have  turned  their  arms  against 
me«  with  Rs  much  alacrity  as  ihcy  prtfeated  to  use  them  against  the  enemy. 
I  nighty  and  1  believe  I  stiould  have  had  a  civil  war  in  my  camp.    But  to 
'  Ihew  \i1iat  wa»  the  disposltiou  of  my  officers  towards  me,  1  have  only  to 
irefer  the  court  oaiDe  more  to  Col.  Cass's  (now  JBriff.  Gen.  Cast't)  letter  toi 
goviemeient  of  the  XOth  of  September,  in  which  he  states  that  he,  and 

'•■  "^ttiS*  had  formed  a  conspiracy  to  wreet  the  command  from  me.    Whether 

"'^''^sWiWi  or  was  npt,  ft  treasonable  design,  is  not  for  me  to  determine. 

'-  JMft  illuit  confidence  could  I  place  in  officers,  whose  conduct  had  beea 

'  :Mdh  lA  thef  themselves  have  described. 
j-i  khdWi  Mir.  President,  that  my  letters  to  fhe  Secretaly  at  war,  and  my 
'(bfl^eital^iicceimt  of  the  surrender,  may  be  appealed  to  on  this  subject.    I 
%iih  tiley  m^  he.  What  1  have  written  of  the  volunteers  and  their  officers 

■  it  jU8t-ii^and  what  I  yet  say,  they  were  brave  zealous  men.  It  is  my  pride 
t]bat  in  the  very  hour  of  misfortune,  I  had  the  magnanimity  to  giv# 
ttiiiii  all  tiie  credit  that  was  due  to  them,  and  to  take  upon  myself  the 
whole  responsibility  of  a  measure  which  I  knew  would  be  the  subject  of  s^ 
iDu6h  censure. 

Would  Sir,  that  I  could  liave  observed  a  little  of  the  same  spirit  in  my 
Accusers  !  that  they  had  been  willing  to  take  some  sliare  of  the  blame  that 

"  ii  justly  due  to  them  !  and  tJiat  they  had  not,  in  the  triumph  of  their  own 
salvation  on  my  depression,  represented  with  the  most  unch^iritable  bitter* 
hcss  a  man  whose  smiles  they  once  courted. 

I  must  be  pai*doned,  Mr.  President,  for  yielding  to  tny  feelings  iti  these 
digressions. iiJ  have  stated  to  you  the  numbers,  nature  and  situation  of  the 
forte  which  Jhad  to  oppose  to  the  enemy.  I  shall  now  state  what  force 
he  brought  or  might  bring  against  me.  I  say,  Gentlemen,  miffht  bring^-'he' 
cause  it  was  that  consideration  which  induced  tile  surrender,  and  not  the 
fnrcr  SA'hicli  was  actually  landed  on  the  Araei-lcan  shore  vn  tiuie  morning  of 


60 


lite  Ifitii.  It  is  possible  that  I  mlg^t  have  met  and  repelled  that  foree--Hkti<f 
jf  I  had  had  no  further  to  look  than  to  the  event  of  a  contest  at  that  time,  ' 
filiould  have  trusted  to  the  issue  of  a  baitle.  1  htg  leave  first  to  examine  what 
was  tlic  extent  of  the  enemy's  force,  landed  at  Springwells  on  the  morning* 
of  the  16lh.  Major  Snelling  who  says  he  made  some  attempt  to  count  tho 
enemy's  force,  supposes  that  there  were  no  more  than  750  whites,  of  wboAit  > 
one  third  were  regfulars  and  the  rest  militia  and  volunteers.  The  number 
of  Indians  he  could  not  ascertain.  As  he  was  goingf  Urhis  lodgings,  after 
having  satisfied  himself  about  the  >Vhite  force,  he  saw  he  says  some  huB«- 
drcd  and  fifty  Indians  in  array.  He  does  admit,  however,  that  there  were 
aomc  more  on  the  back  of  the  town,  killinpr  horses  and  stealing  catUei 
But  it  is  very  evident  that  Major  Snelling,  as  well  as  other  witnesses,  meant 
to  convey  to  the  court  an  impression  that  they  considtrifd  the  Indian  foPce» 
very  insignificant,  both  as  to  numbers  and  effect.  And  yet  it  is  veryextr»<*; 
ordinary  that  when  my  conduct  would  be  censurable  in  proportion  as  th* 
Indian  force  in  tiie  power  of  the  British  might  be  Considered  nnmerouB  an* 
effective,  their  numbers  and  powers  arc  augmented— I  am  charged  with  h»,v-> 
ing  sent  out  too  small  a  detachment  under  Major  Van  Home.  To  pitnro 
that  I  did  so  the  Major  has  teslified  that  according  to  the  infoi-mation  he 
received,  there  were  300  Indians  crossed  from  the  British  aide,  the  day  his' 
party  was  routed.  It  is  necessary,  to  heighten  my  criminality,'  that  in  one 
instance  the  British  Indian  force  should  appear  to  be  very  small  and  veipy 
insignificant,  and  in  the  other  veiy  numerous  and  very  formidable.  It  ii 
•well  known  however,  that  all  the  Savages  in  that  quarter  had^  imm^iateljr 
after  the  fall  of  Michilimackinac,  joined  the  British.  I  had  had  in  cdithcU, 
between  tlie  14lh  and  20th  of  July  the  chiefs  of  nine  nations,  whose'  wu^^ 
riors  amounted  to  between  two  and  three  thousand  or  more.  Ts'it  not  ei*'- 
tremcly  improbable,  tliat  with  a  large  force  of  tliis  "nature  at  their  disposal^'' 
the  British  should  have  employed  but  a  small  part  of  it  in  their  enterptiec'  ^ 
against  Detroit  ?  Is  it  not  rather  to  be  presumed  that,  in  an  tindei*taking  ill 
which  tliey  must  have  been  very  ambitious  of  success,  they  would  haVe 
employed  all  their  disposable  force,  whether  white  or  red? 

Tiie  force  brought  against  me  I  am  Very  confident  was  not  less  than  on^ 
thousandwhites,  and  at  least  as  many  savage  warriors.  •    •  , 

But  it  was  not  only  against  this  force  on  our  own  shores  I  was  to  defend 
itiysclf — their  Batteries  from  Sandwich  were  effectually  co'operating  with ' 
them — and  their  ships  of  war  were  ready  to  lend  tliem  assistance  in  the 
moment  of  attack,  to  cover  their  retreat,  and  to  afford  them  shelter  incase 
of  defeat. 

If  the  British  landed  at  Spring^vells  were  not  much  more  numerous  than 
my  own  troops,  I  knew  they  must  liave  a  powerful  force  in  reserve,  which 
they  could  bring  to  operate  upon  me,  either  by  crossing  t^m  above  the 
town  of  Detroit,  or  by  transporting  tliem  in  their  ships  to  tiat  point — and 
rhus  attack  tlie  fort  on  all  sides,  and  place  my  army  between  tlieir  fire.  I 
should  not  however  have  yielded  to  all  these  considerations,  had  the  warl 
v.'ss  Ciirrvin'^  on  been  o!!]^"  a^'aiiist  civilized  men.  In  that  case,  those  onlv 
M  lio  v,c>:^  in  ll:e  contest  would  have  suffered.    But  i  knew  how  sanguinary 


61 

aftd  remorseless  the  sava^s  would  be,  should  my  army  be  subdued  uai 
the  troops  be  obliged  to  yield.  The  whole  country  would  have  been  delug- 
ed with  the  blofid  of  its  inhabitants.— Neither  women  nor  children  would 
have  been  spared. 

The  large  detachment  which  was  out  under  the  command  of  Colonels 
M'Arthur  and  Cass,  of  which  I  could  g^t  no  intelligence,  and  the  detach' 
ment  under  Captain  Brush  at  the  Kiver  Raisin,  would,  most  probably,  have 
been  the  victims  of  savage  fury,  which  is  always  excited  by  battle,  and  ren- 
dered more  sangfuinary  by  victory.  Those  uppearcd  to  me  the  certain  an^ 
dreadful  consequences  of  unsuccessful  resistance. 

If  after  a  conflict,  I  should  have  beenable  for  that  time  to  have  repulsed 
the  enemy,  I  might  have  purchased  fame,  and  have  avoided  all  I  have  suffer- 
ed and  what  I  now  suffer,  in  being  obliged  thus  at  my  time  of  life  to  vindi- 
cate my  honour  and  plead  my  cause  before  you.  But  at  what  price  should 
I  have  done  this  ?  How  many  of  the  lives  of  the  brave  men  I  commanded 
vrould  it  have  cost .'  How  many  of  the  persons  who  now  appear  to  witness 
against  me  might  I  not  have  sacrificed  ?  It  might  indeed,  Mr.  President,  have 
given  me  an  honourable  grave,  and  if  mine  were  the  only  life  concerned,  I 
wiali  it  bad  been  so,  rather  than  that  the  foul  crimes  of  which  I  am  accused, 
should  be  coupled  with  a  name  to  which  my  country  of  late  as  well  as  here' 
tofbre,  has  acknowledged  some  obligations. 

But  I  had  rather  even  that  this  should  be,  and  I  would  rather  stand  be^ 
fojFf  ybu  apcused  as  I  am,  than  have  uselessly  and  wantonly  sacrificed  a 
sin^  life,  tliough  it  should  have  ensured  me  immortal  fame. 

If  the  attack  of  the  enemy  had  been  repelled,  our  triumph  would  have 
been  but  temporary.  My  numbers  must  have  been  diminished  by  loss  in 
battle.  They  would  have  daily  lessened  by  the  cannon  of  the  enemy,  frorai 
t^e  oppo|ite  shore.  The  force  ofth.e  enemy,  augmented  as  it  was  by  rein- 
forcements under  Col.  Proctor,  Major  Chambers^atid  \he  commmander  in 
chief.  Gen.  Brock,  would  have  been  daily  augmenting. 

The  force  from  Michilimackinac  and  St.  Joseph's  which  would  have 
amounted  to  several  thousand  savage  warriors-the  savages,  with  the  addition 
of  some  hundred  white  men  mentioned  in  the  intercepted  letter  of  Mr. 
M'Kenzie,collectedatfort  William,  would  in  a  few  days  have  descended 
oipon  us—the  Canadian  militia  had  all  returned  to  their  allegiance — the  en- 
emy's naval  force  and  means  of  transportation  on  the  lakes  were  augmented. 
There  was  no  co-operation  with  my  army  from  any  quarter— the  letters  I 
had  received  from  Generals  H  all  and  Porter  had  not  only  satisfied  me  that 
my  expectations  in  this  respect  were  disappointed,  but  that  no  diversion  in 
my  favour  was  soon  to  be  expected.  My  army  was  in  a  corner,  surround- 
ed by  a  wilderness  of  waters  and  a  wilderness  of  woods— all  communication 
with  my  country,  either  by  land  or  water,  cut  off— my  stores  of  provision 
and  ammunition  but  suificieot  for  a  short  duration — add  to  all  this  that,  at 
the  moment  of  expected  conflict,  1  received  information  that  a  part  of  my 
own  troops  had  gone  over  to  the  enemy,  and  tliat  a  lai'gcr  body  were  about 


w: 


Maoees,  tli«  array  must  have  yielded  in  a  little  time,  iiutwitlisUndiHg  any 
temporary  success-—!  did  not  think  I  should  be  justifiable  or  even  excusa" 
blc  !f  I  risked  a  Battle  when  victory  could  purchase  no  real  good  ;  and 
when  the  consequence  of  defeat,  6r  even  the  consequences  of  being  drivcM 
into  the  fort,  would  be  to  submit  the  whole  country  which  I  waa  a«^t  to 
protect,  and  that  part  of  my  force  which  was  on  detachment,  to  the  rulh- 
Ifss  ferocity  of  Savageit,  armed  with  the  horrors  of  those  instrum<(pts  at 
carnage  and  torture  which  are  known  to  spare  neither  age  orsex. 

From  such  a  calamity  I  know  a  capitulation  would  be  a  protectipB. 

The  British,  if  made  master  of  the  country,  without  fi  battle,  would  \>» 
able  to  restrain  their  merciless  allies,  which  they  could  n^tt  do  laft^r  «  cop- 
test,  even  if  it  should  be  only  so  far  successful  as  to  <4>Hge  us  tq  ret|%^i 
into  the  fort.  A  savage  will  have  blood  for  blouidy  Ahpugh  he  draw  it  Irpm 
the  veins  of  the  defenceless.  Victory  only  b«ight«iji0 .1)19  V^mPftQ  U>tfs^ 
fbr  blood.  •ii't'.iiitti:'}Mi,u'. 

I  offered  a  capitulation  and  surrendered.  t  •      . 

"  I  Well  knew  the  high  responsibility  of  the  menaurc,  md  take  the  whoUs 
of  it  upon  myself.  It  was  dictated  byaacnsp  of  duty,  a^d  H  A^U  CQtV' 
victlon  of  it's  expediency.  If  ought  has  taken  i^M^durkig  th^  campaign, 
which  is  honourable  to  the  army,  my  officers  are-ratitled  to  a  large  share 
of  it.  If  the  last  act  should,  be  disapproved^  no  part  of  the  Assure  bek»^ 
to  them."  These,  Sir,  are  the  wotds  oi  tty  official  communicftiQn  of  this 
unhappy  event  to  the  Secretary  of  war.  I  repeat  thtmrr-itwiu)  *ir| «  8«iuib 
of  duty  which  drove  me  to  the  measure.  It  WM  ft  MUsejQf  wh»t|  qw^A 
to  the  protection  of  the  inhabitants  of  the  territory  I  tiad- so  loagjgOTBntnl..  . 
I  felt  myself  bound  to  sacrificejevery  privAte  feeling*  and,  Wipite  oftbeOk- 
selves,  tosave  from  useless  waste  the  Uooidof  tb9  bintveiioeplciyaimaadedb 
:Soe,  sir,  will  I  conceal,  that,  in  the  midst  of  tiafitage  liuji  m|i^.emiu!4 
battle,  my  parental  feelings  saw  a  dau^ter  and  her  oR'iftis^,  Wfr»  vserc 
with  me  in  the  fort,  bleeding  under  the  tomiJiawk  of  the  9»v«ge)  i 

,  If  these  be  considerations  tmworthy  of  a  soldier,  then  I  am  wlUioutitX' 
cuse— then  indeed  you  may  pronounce  your  utmost  doom— ]But  do  notkit 
me  transmit  to  my  posterity  a  name  t^umishedby  the  fool  (sriae^i  imputc4  tp 
me— I  say  I  am  as  free  from  the  sins  of  that  black  catalogue  as  aay-ppt 
Arho  hears  me— But  if  a  propitiation  be  necessary,  and  it  must  be  timxen- 
iiant  of  the  life  of  a  man  whose  country  has  heretofore  acknowledged  b^ 
claims  to  her  gratitude— and  who  has  not  ceased  to  deserve  it — Here  is  one: 
ihat  I  offer— I  would  freely  part  with  it,  if  you  will  not  t<ke  from'  meiinct 
Trom  my  family  and  posterity  my  honour  and  diaraeter. 

It  appears  that  the  view  which  my  officers  had  of  our  situation  at  abotit  the 
>ime  of  the  retreat  and  surrender,  was  very  different  from  what  it  w6uM 
appear  to  have  been  from  the  testimony  they  have  given  before  yoti.*— at 
kast  the  observation  applies  to  Gen.  Cass.  t^x 

The  testimony  of  Mr.  Silliman  (the  (Senerals  brotherJo-faw)  of  Mr, 
Mills,  and  of  Mr.  Converse  his  neighbour,  proves  that  in  letters  writterfby 
Mm  at  the  limes  to  which  his  testimony  relates,  he  hwi  different  sfenti* 
arents  from  those  be  has  here  expressed.    To.  a  Uttter  mt.  the  3d  of  August, 


en 

•t  whieh  time  we  were  in  fMiseaaiori  of  the  «n«mj^s  teiritofy  uid  xU  the 
veaourcM  that  might  be  drawn  from  thence,  Gtn.  Csua  tells  Mr.  SilUman, 
th»t  provisions  would  become  necessary  for  the  existence  Of  the  troops, 
in  a  letter  to  Mr.  Silliman  after  the  fall  of  Miehilimackinac,  Gen.  Cast 
says,  that  the  impression  made  by  the  fajl  of  Miehilimackinac,  coald 
scarcely  be  conceived.  In  the  same,  or  some  other  letter,  accord(ng|to 
the  testimony  of  Mr.  Silliman,  Gen.  Cass  pressed  him  to  use  his  inflaence 
to  proetire  reinforcements  for  the  army,  and  expresses  his  surprise  that 
we  were  lefl  without  co-operation—by  putting^  to  his  correspondent  tha 
fblldwmg  interro^tion.  "  Is  there  nothing  to  be  done  in  the  lower  end 
of  the  laical  to  make  a  d^ersion  in  our  favour?"  In  a  letter  from  Gen. 
Cms  to  tiie  same  gentleman,  dated  on  the  12th  of  Auffttst,  Gen.  Cass  says 
•'  tiinnkour  situation  as  l^ad  as  you  may,  it  is  still  worse." 

It  is  most  unfortunate  for  me  that  I  have  in  the  course  of  the  prosectt' 
tion  so  often  to  feel  the  want  of  documents.  I  want  to  preve  the  contents 
of  a  memorial  whleh  wna  filed  on  record  in  the  war  department— I  ask  for 
tile  record  and  itisiosl.  I  am  impeached  for  not  having^  regularly  issued 
orders  to  the  irmy.  The  witnesses  Who  are  to  support  this  charge,  prove 
^t  there  were  orderly  bodks  in  which  my  orders  were  entered  j  but  they 
l^lrtr«^  either-  b^m  loil^  ar,.-whtkt  is  more  extraordinary,  left  at  home.  Capt  • 
SfiCiOrmitf  hM  ais  orderly  liook~4>ilt,  when  he  was  called  here  as  a  witness, 
lK>leii!  bb  book  behimi  him.  Other  officers  seem  very  unaccountably  to  ' 
ks«e'l9iM|[lit  the  order  to  ship  the  baggage  at  the  Miami,  included  theif 
Oi!d«iy.books— and  they  have  been  lost  by  that  jneaus.  And  now  these 
kttm^Aem  Gen.  Cass  to  Mr.  Sillimsin,  the  Contents  of  which  it  might  be 
so  hi|MrtMiit  to  me  to  eimtnst  With  the  General's  testimony,  it  appears, 
P^orftcatniilcd  to  Ute  6ener»I'k  Wtfe—aad  they  too  have  been  lost . 

Butj  iX  asktheeoUrt,  do  noteten  the  slender  accounts  which  we  hare 
hadof  ttte  eontehts  of  these  letters,  sliew  that  Gen.  Cass,  at  the  time  thcy 
wcre  written,  did.believe  that  the  army  would  be  in  Want  of  provisions  P 
that  reinfovcements  were  necessary  f  that  the  fall  of  Machinac  was  to  have 
«  decisive  operation  oh  the  fate  of  the  army  ?  that  our  hopes  rested  on  co< 
lOIMratioQs  from  below— and  that  the  situation  of  the  army  was  critical  in' 
Ae  <9ctreme  MC  these  were  Gen.  Cass's  sentiments  when  he  wrote  the  let, 
terst<->-I  must  Ktttyc  it  to  the  court  to  reconcile  them  to  the  testimony  he 
has  given. 
■':  The  coart>tiiim  adjourned  to  m^et  to  morrow  morning  at  11  o'clock. 

Thurtdt^  morning',  March  17th,  1814. 
■  The  court  met  put-suant  to  adjournment. 

Present  all  the  Members. 
'   General  Hull  Appeared  in  Court,  and  proceeded  to  read  his  defence  as 
follows. 

I  now  appeal  with  some  confidence  to  this  tribunal  for  their  decision 
lipon  the  accusations  which  I  have  hitherto  considered. 

Were  either  of  the  acts,  to  which  the  attention  of  the  court  has  been 
aircctcd,  in  thcmaelves  and  abstracuadly  considered,  unjuttlifiabie;  or  ralh- 
fr,  (and  tiiis  is  tlic  true  ^ucsUon^)  was  either  of  them  so  manifestly  wronf-, 


we<fret.ou*ly  ePTrtiwoto,  that  it  I.,  of  iuelf.  evidence  of  tr«i«on.  cowtrdioo 
or  ,molRccr.Hke  coaduct  f  Arc  there  not  ,o  mmy  reason*  f»r  my  conduct ' 
in  reffird  to  thee  transactions,  that  I  may  be  supposed  to  have  acted  hon> 
e«tly,  though  it  should  now  appear  to  the  court  that  it  was  erroneously. 

If  an  act  may  Imve  proceeded  from  pure  intentions,  it  would  be  the  ligipht 
of  injtistico  and  misanthropy,  to  impute  it  to  bad  motives. 

I  shall  now  proceed  to  make  my  defence  a^^ainst  tlic  other  accusfttioim : 
I  nhall  endeavour  to  arranpre  them  in  the  order  of  time,  m  wluch  the  fact%  by 
the  Hpecifications,  are  supposed  to  have  occurred. 

Hitherto,  IVf  p  President,  my  defence  has  ciucfly  rested  on  documenUry 
evidence,  or  upon  facts  of  general  notoriety.  As  to  all  that  follows,  Uw 
feharpfcs  depend  entirely  upon  p.irole  testimony. 

It  seems  extraordinary  that  there  has  not'becn  a  witness  examined.  on« 
the  part  of  the  prosecution,  who  has  not  been  promoted  since  h«j  wm  un- 
der my  command. 

A  ^at  majority  of  the  younir  gentlemen  who  have  been  called  by  the 
Judffe  Advocate,  have  appeared  decorated  with  their  two  epaulets— these 
have  been  bestowed,  and  sometimes  with  the  augmentation  of  «  sUr.upoa 
eentlemen  who  began  their  military  career  with  my  unfortunate  campain. 
By  what  services  many  of  these  gentlemen  have  merited  such  rapid  pro- 
motion,! have  not  learned;  But  if  it  .11  arises  out  of  their  achievement 
whdc  under  my  command,  I  must  say  that  it  appears  to  m^,  that  mr  •«- 
pedition  was  more  prolific  of  promotion  than  any  other  unaucccsaCul  miliU- 
ry  enterprize  I  ever  heard  of. 

It  cannot  be  that  it  has  been  intended  to  give  a  weight  to  the  teatimony  of 
those  witnesses  by  giring  them  ranks  and  honours  which  they  would  not 
otherwise  have  had.  But  Sir ,  when  my  military  character  ud  meM«ie» 
are  to  be  tested  by  the  opinions  of  Gentlemen,  with  high  soindiW  ti&., 
of  m.liUry  rank,  I  think  it  necessary  to  remind  the  court,  that.  witHthefcx: 
ception  of  a  few  of  the  younger  officers,  there  are  none  of  them  who  have  not 
been  promoted  to  their  high  stations,  without  having  had  any  roilitiiry  ex- 
penence-and  without,  so  fkr  as  I  have  heard,  e«r  having  discovered  aiv" 
military  talents  or  genius.  • 

If  the  opinions  of  witnesses  on  military  conduct,  ought  io  any  caa^s  to  be 
hstenedto  (which  I  conceive  ought  not  to  be)  yet.  I  thinltWie  opirtiona  of 
men  of  these  descriptions,  ought  to  be  received  with  the  greiteat  caution 

The  extraordinary  promotions  which  the  witnesses  against  iwii  have  i»n- 
erally  attained,  I  think  may  be  accounted  for,  by  a  recurrence  to  the  facts 
of  which  this  trial  has  afforded  the  most  conclusive  evidence-which  ia-I 
that  each  of  the  witnesses,  from  the  Generals  to  the  youngest  and  lowest 
officer  that  has  been  called  by  the  Judge  Advocate,  ia  himtelf  in  his  own 
opinion,  at  least,  a  Ifevo.  "  »  wwn 

From  General  M'Arthur,  who  thought  himself  capable  of  fighting'  a  whAle 

garr,son  down  to  the  lowest  rank,  every  officer  seems  to  have  the^ght  that 

It  he  had  been  the  commanding  General-or  if  I  had  taken  his  advice-.alr 

^  ^^;\V^'^7«»--"«  ^««bt  they  have  injustice  themselves  made  thesa 

■      '    •vv^vr,,n5mvui— aim  uicir  rauKs  must  be  considei-c^ ' 


v! 
1i? 


6tf 

u  »  reward  for  Uic  great  thing,  which  they  uid  they  would  hm  done  »tfc. 
er  than  to  have  been  acquicd  by  any  actual  aervicet. 

But,  gentlemen,  before  I  proceed  lociamine  the  parole  leatimpny.  let  me 
Jiai  your  attention  to  aoothcr  aubjcct  connected  with  it-I  mean  the  inde- 

Jifiu  "?"?  *•*''■'  ''*'^'  '^'"  '•^'"  ""  P"""'"*''  *"*1  ''^"P  -Jive  the  ,no.t 
UteRU  pKjudicea  against  me.  Sir,  I  bilieve  there  never  wa«  a  greater  out- 
»fB  committed  on  the  ailminiatration  ofju,tice,  and  toward,  an  indivldualJ  I 

letter  to  tlie  Government  of  the  10th  of  September. 

lliat  aueh  a  letter  should  be  published  under  the  ..notion  of  the  adminU- 
trat.0.  agamat  a  man  whom  the  administration  was  about  to  put  upon  trial 
ftHii.l.«jIbo,Mive.i.aproceedin>f  of  which  no  country  on  earth  ha,  be- 
y*  aflbrdedtn  example.  That  the  administration  should,  under  such 
^lequmstanceB  permit  the  pi  blication  of  such  a  letter  as  General  Cass's-^ 
••letbat  labour,  to  represent  my  conduct  in  the  most  odious  point  of  view, 
«rt  ««es  pains  to  heighten  the  public  resentment  against  me  by  a  colourinir 
Which  Colonel  Caae  could  not  know  of  his  own  knowledge  was  true,  appear. 
to  md  to  be  a  violation  of  every  principle  of  j  ustice. 

tJ^!  ****?!?  —  P'****^  recollect  that  Colonel  Cass  and  M'Arthur  left 
Wrolt  With  the  Detachment  to  the  river  Uaisin  on  the  14th  ot  August- 
WiAmmttUun  to  the  fort  i)ntil  the  evening  of  Uie  16th-of  course  they 
?»«W  oat  kito^  of  tMr  own  knowledge,  what  passed  in  Uie  interim, 
^perwn  reading  Colonel  Cafta*.  letter  but  would  suppose  he  was  an  eye 
J™"  "if}  ^  ^^^    't  ^  impossible  to  discover  that  he  was  ab.ent  in 
the  ekpedition  to  the  river  RaUin-yet  General  Cass  .tate.,  a.  if  it  wa.  « 
'!*.*?^.f  **"  ^  «*»  knowledge,  that  when  the  troops  received  orders  to 
rplrfcatinto  the  fbi;t~«one  univertal  burst  of  indignation  was  apparent 
tipontiH!  mse.pt  of  thi»  order.?*    I  beg  to  quote  from  this  letter  another 
paraph,  to  riiew  wh«t  waa  theapifit  with  which  it  waa  written     The 
"**'g?  ?^  itf  publication  I  must  leave  the  court  to  infer. 

••  totee  tlpe  whole  of  our  men  flushed  with  victory,  eagerly  awaiting  the 
appwwhlng  conteat-to  kc  them  afterwards  hopeless,  dispirited,  and  des- 
pondiilMt  least^ve  hundred  sliedding  tears-because  they  were  not 
allowed  to  meettheii»country'a  foe,  and  to  fight  their  country's  battles  ex. 
cited  qensations  which  no  American  has  ever  before  had."  * 

Would  not  cvory  oRe  imagine  that  Colonel  Cass  was  here  describinr  a 
•cene,  which  passed  before  hia  own  eye.. 

Did  he  actually  see  at  least  %e  hundred  m«m  shedding  tear»-or  doe. 
the  cottrt  believe  that  this  is  a  representation  of  a  fact  which  reaJly  occur- 
red.  If  it  were  so,  it  is  extraordinary  tliat  not  a  witness  has  testified  to  it. 
Captain  M'Commick  say.  he  observed  some  men  shedding  tears-but 
this  falU  greatly  short  of  General  Cass's  five  hundred.  But  who  were  these 
weeping  troops.  It  is  not  to  be  presumed  that  it  was  intended  that  we 
should  believe  they  were  the  regidars— they  are  not  commonly  much  given 
to  weeping— they  were  not  the  Michigan  militia,  because  a  part  of  them 
dc»ertV(W-and  the  rest  were  disposed  to  go  over  to  ikp  en.my,  rather  tUun 

9 


m 


ifigfat  him.  The  men  <iheB  who  shewed  this  very  exti-aordiiury  <iensil;ilit|r, 
must  have  been  Colonel  Cass's  patriotic  volunteers — The  same  volunfett* 
wt)o  mutinied  in  the  camp  at  Urbanna,  and  would  not  march  'till  they  Wine  \ 
Compelled  to  do  so  by  the  regular  troops-^the  same  volunteer$  who  rode  the 
officers  of  one  of  their  companies  on  a  rail — the  same  vvlunteert,  01^  JbuVr 
dred  and  eighty  of  whom  refused  to  cross  into  Canada— and  the  sape  vfAin* 
ieerst  who,  when  they  had  an  opportunity  under  Major  Van  Home  to  gi^ii^f 
f^  their  eager  wishes  to  meet  the  enemy  in  combat,  ran  away  ajt  thefiyrat  fi|p 
and  left  their  officers  to  be  massacred. 

If  General  Cass  did  not  witness  this  soene,  why  did  he  make  svch  a JRI- 
presentation.  There  can  be  no  other  reason,  than  that  this  kind  <;)f>ihflate4 
description,  was  intendi^d  to  recommend  himself  to  the  Govem'linent,;  by 
representing  himself  and  his  troops  in  the  most  favoi|xable  point  of  vie^-<*' 
and  me  in  the  most  unfavourable  that  even  hyperbolical  language  WOvi^ 
admit.  -,  ■' 

Sir,  these  are  not  the  only  means  that  have  been  resorted:  to,  to  exoi^ 
and  keep,  altve  the  popular  clamour  against  nie— others  of  n^y  <>ffi<9pr«, 
finding  what  favour  the  piiblication-of  his  letter  gave  him  in  the  ey|»  9f,.t^ 
administration,  halve  seen  that  the  same  road  of  prefennent;  Was  open  rtp, 
tliem— and  the  newspapers  from  one  end  of  the  continent  ta  the  otiieii,  hawe 
been  filled  with  letters  concerning  me,  expresaied  in  tenns,  Arhieb  neither 
truth,  justice,  or  even  the  laws  of.  decorum  can  satetlDn.  ]S^wn  to  this 
very  time.  Sir,  the  same  system  is  puraued-KowAwhilei'IiamR  been 'cio  ,11^ 
trial,  publications  have  appeared  in  the  publie  printi  ofdtia  cHyr  cogi- 
mending  the  principal  and  leading  witness  for  the  BianHee  i)i;«i4Mpc^^iga«e 
his  testimony  agninst  me,  that  those  who  were  to  eodie  aftei^  ^itn  flsigbt  <lb9 
encouraged  to  follow  his  example.  And  Sir,  at  thia  verji!  ;«i«i|(enf,  at,  die 
very  door  of  this  building;  is  hawked  for  sale,  a  work  |^int^  witltin  thcise  f^w 
days,  in  sight  ef  this  capitol,  entitled,  views  of  .the  oaotpaigii  of  then^^  wes- 
tern army,  in  whic^  my  conduct  and  motives  U-en»os^{^K>ssd^9(iji)r($|«Katdd^^ 
AVho  are  they  that  thirst  so  for  my  blood,  and;  take  tj^ese  ^eana' tp  Qi)tain  it. 
Itis  not  the  ostensible  author  of  this  performance-~his  insigiiiH^nce,  jM>4  t^e; 
Contemptible  talents  employed  in  the  work,  shew  hip)  to  be  too'ffieaiDto 
iiave  a  motive  of  bis  own.  I  know  not  who  may  be  the  authors  or  instiga- 
tors of  such  outrages  upon  justice— if  such  tilings  are  permitted^  and  can 
have  any  influence,  then  Hm  aeakft  ought  to  be  torn  from  tlie  hand  of  the 
figure  which  adorns  the  H(£il  wherein  yon  sit. :  She  onght  only  tQbekft 
the  sword,  with  which  sh#|li  decorate<^— and  she  ought  to  waive  that  as 
an  emblem,  that  vengeance  and  not  juatiipe,  (s  administered  under  this  roof, 
But,  gentlemen,  for  whatever  purpoe^  these  acts  may  have  beenintendcd,  I 
rely  witli  a  perfect  confidence  that  you  will  rise  superior  to  them.  <If  I 
wanted  other  assurance  of  it,  than  that  which  is  derived  from  yottrcharftc- 
ters,  I  shtiuld  luive  it  in  tiie  patienc& and impai^aHij|';wi&  ^hvcfa  this  jito- 
locution,  so  far  as  depended  on'^ou,  has  been  conductedi 

Before  I  enter  on  an  examination  of  the  parole  testiiBony,  I mnsi  bepep. 
ipitted  to  remark,  that  I  cannot  '  ut  think  that  the  course  wMslbhaf' been 
pursued,  of  examining  each  witness  in  the  presence  of  i&eies^has'^een 
4.i(prtunato  for  nee.    'Till  this  court  decided  that  it  shoald  bfrfbi-'^-did 


I 


07  ^ 

gak  It  wat  a  well  established  rule  of  martial  law,  that  the  witnesses  shftull 
•e  examined  separately.  The  justice  and  propriety  of  this  rule,  I  have 
Wry  sensibly  felt  on  this  occasion.  In  a  case  where  so  much  may  depend 
^pon  the  language  or  phrases  in  which  the  witnesses  express  themselves, 
It  woruld  h»ve  been  desirable  that  each  should  have  been  left  to  the 
nScessity  of  selecting  his  own  language  to  express  his  tncanjng.  But  ac- 
^^iiij^  to  die  course  pursued,  each  witness  was  at  liberty  to  adopt  the 
IWI^*  which  had  been  used  by  any  other  witness  on  the  same  point.  The 
awposition  of  several  of  the  witnesses  to  do  so  has,  been  very  plainly  mani- 
r^^''-^  f^  answering,  when  ipterrogated  as  to  my  personal  behaviour, 
itAtli^iifi  ttttme  as  had  been  represented  by  a  prior  witness. 
•    K  ii^trtie  gefttletneh,  that  the  Judge  Advocate  would  not  accept  these 

^*^JJ*^  ***  *  iprestime  hasnot  taken  them  down— but  they  neverthelesa 
'A«f  ttfe**|Slfal  disposition  of  the  witness  to  borrow  the  words  of  another, 
«Mi  J  ^T*  no  doubt  they  have,  very  conscientiously,  and  often  without 
xq61*1i)^  tVbotirowed  ide4s  Alio. ' 

-rC^ikleweniwthese  courts  martial,  where  the  members,  among  whom. 
«»elf6ijaybegi*at«nequalitjr  of  grades,  are  intended  to  be  put  upon  an 

^uidTootWigi  M lodges,  caw  lyw  bee^  t^^n  ^^  avoid,  as  far  as  possible. 
titemfNftt<a»  HJt^ly  to  a'me  fix>m  authority,  it  is  on  this  account,,  that  the 
^^3mtn^^^Wtiigt9tmmbeta  always  taken  first.    And  it  was  on  the 

^*jmea«ooalit,as  I^^  established,  that  witnesses 

•j«iTOld.V^CBin*tfsei«i*tely^th*t  the  younger  might  notbe  influenced 

-J  h«  tettfiBfc««r  by  .«hat  might  be  said  by  the  superior.    It  would  be 

:^oatriry  t»  e^|>e^eneeof  the  human  disposition,  to  suppose  that  after  a 
«ib*lten«li«  heard,  two  w  ihiee  GenewU  and  officers  of  higher  rank  than 
fcim^tftestlfy5frt«^l,ose,uthoHtyhe  is  perhaps  sutservient,  or  to  whose 

'^  #oH  lie  wajrirtjre  owed,  dr  expect  to  owe  his  nromotioh,  he  will  be 

y"S  ****"*^*  what  his  superiors  have  said,  or  even  to  mate  a  re^ 
freae^bti^Whlqli^in  vjiry  from  their's. 

,  if  oh  toy  ^,  Si^  UiefweS^Iitof  this  sort  6^  influence  could  be  felt  on 
tWf  tertjm0ny,  thecoufse  pursued  oh  this  occasion  Would  give  it  the  fair 
*£  IT:    F*'  *^*  witnesses  seem  to  have  been  arranged  and  pror'uced  m 

TTf>  '"***^*'^«7  ™"«^^  aecording  to  their  rank  (except  Color.el  Mil. 

ler)  after  the  generals  had  been  examined,  then  came  the  subordinate^. 

ne  exception  t»  th«  general  iodtse  a»  to  Colonel  Mille.-  struck  me  a.  a 

.^Uti*.»,„Sular.    Tdidnotknttw  why  he  should  have  been  exirtnined  Hit 

^S"T  H^^""  '"^  '"Btest  officer  6f  die  reg(ilar  artoy  vh). 

\^^^^^^  the  campaign.  He  was  with  me  during  the  w^to 
tm.*,  *,d  ha*the  taost^timate  knowledge  of  the  transactions  to  wh^ 

TV^"  ^"*'''^  '^^'^-    ®"*  ^»'*"  '  «'""d  «"»*  Colonel  mS 

^^^^^Ti^^"^^"^  *'*"^'  ^"^  «»*  testimonySt. 
witnesie.  vvbo^hod  preceded  him  ,  and  U.at  he  would  hot  support  them  in 

^^^:^^^^^  n.lossS'.cot^^ 

^.fcfc*»;--j«#    -^«       ,.i —  i  siian  consider,  is   specified  under  the 


It  is,  in  substance,  that  from  the  time  I  took  Uie  command,'i  omitted  t^ 
exercise,  inspect,  train,  review  and  order  the  troops,    I  cannot  believefui-' 
tlemen,  that  it  will  be  necessary  for  me  to  say  much  on  thip  sidiject    I 
did  expect  that  if  any  part  of  my  conduct  could  have  escaped  the  cefliwe 
of  my  enemies,  it  would  have  been  the  manner  in  which  I  kdthe  t>oops 
through  the  wilderness.    When  it  is  recollected^  what  an  extent  ©f  n^ 
it  was  necessary  for  me  to  cut  j— that  a  great  proportion  of  the  inen  wei^ 
constantly  employed  in  this  duty— that  those  who  were  not  w,  were  moft  * 
generally  fatigued  with  their  turn  of  this  laborious  servtce,<-H[  believci  tlie 
court  will  think  with  Col.  Miller,  that  there  was  neither  time  nor  opportu- 
nity for  that  sort  of  discipline  and  exercise,  which,  tinder  oth^r  okvuin- 
stances,  would  have  been  proper.    The  coimnanduits  of  refpisents  h»vc 
testified,  that  as  to  their  respective  commands,  there  mis  nti  omiasion  «f 
what  was  their  duty  in  this  respect.    The  fault  cbu^d  tome,!*  tlf^, 
that  in  the  depths  of  t'  e  forest,  through  which  We  were  marching,  I  4id 
not  call  off  my  fatigi     parties,  guards  and  advances,  and  g»>tb«»«^  tilijs 
ceremonies  of  military  parade.~And  yet,  m  if  ev*rjr  thu%  tfc«#t  I  cpttld 
have  done,  must,  in  the  opinion  of  xny  ofRoett,  be  6onderane4-ngi^  ^njf-  ' 
sions  to  have  these  parades,  are  not  more  severely  censtuwd/^aa  my  eoR- 
duct  has  been  for  making  sOme  display  of  diie  troopS)  and  n|kiMMiiilg!;thein 
in  review,  on  some  few  otcasions,  when  I  thouf^  It  .tfas  «<Mi|lal«eAt  with 
oursituation.    When  the  cftrjs  passed  me  by  seetiou,«Fter  W^iftd  cros*^ 
the  Miami,  Gen.  M'Arthur  thinks  it  was  not  a  nn^ir-^kX^pe  I  wa|  s^t 
according  to  his  experieace,  m  the  situation  wluidk  «i^  setflsi^  Ga^^i^ 
ought  to  have  been:  though  he  admits  that  die  offieo*  atlidie  b<M4s  of  fce- 
tions  saluted  me—and  he  admits  that  it  la  possible  hejnight  iuu9««hi^ 
me  himself.    At  the  River  Raisin  I  also  paused  the  traogi  In  wview-^did 
the  same  at  Spring-wells,  and  marched  the  tioe(ttfMnBi  tl|«ii^  to  B)etrait 
and  back.    But  these  parades  seem  to  have  excited  ^  indigQati^  «F 
General  M'Arthur,  as  ?t  did,  accordhigto  his  ttetioKto^^  (pother bScciirs-^ 
but  for  what  reason,  I  have  not  been  ablet©;  learn.    Thetrutltiti  that 
from  the  moment  we  commencied  our  march,  Ae  troops  were  always  undet^ 
my  eye,    I  saw  them  on  their  line  <tf  march~I  saw  them  ill  their  W^rlpff 
parties,  and  in  tlieir  encampments.    I  thought  it  would  be  u  ridi«Hloip^a» 
useless,  to  make  parades  in  the  midst  of  the  woods— whenever  the  ctmpixy 
opened,  so  that  there  was  room  for  dispUy,  I  availed, mys^ljtofit-r-Wt 
only  that  I  might  see  the  ti-fiops,  and  pmt  «iem  in  military  array  r  but.  1 
thought  it  wovild  have  a  good  eifefct  to  shew  our  line  to  tJie  besVadyssta^ 
at  the  little  settlements  which  we  passed— and  oiroup  arrival  in  the  neigU- 
boui'hood  of  Detroit. 

1  shall  trouble  the  court  with  BoUurtg  furtlrer  in  relation  to  tbi«.ohar^, 
than  the  following  quotations  from  General  Cass  and '€ol(^  Af iUerU 
testimony.  General  Cass  states  that  "ii-om  tlte  time  they  left  Ufbsona, 
the  march  was  conducted  with  all  possible  expedition.  Theoe  ,<wa9  »p 
time  to  discipline  the  troops."— Colonel  Miller  on  liis  cross  exam iiwtii»n 
says— «' on  the  march  there  was  no  opportunity  to  diBciDl«ift.ttbe  tooaiM. ' 


«9 


rUUxigaes  of  the  inarch,  and  cutting  the  road,  and  making  the  encamp- 
toenti,  were  as  much  as  the  troops  could  endure," 

Comected  with  the  accusatipn  which  I  have  last  answered,  is  another. 
whieh  «  Ui  substance,  that  I  did  not,  during  tlie  march,  prepare  and  make 
*nown  an  order  of  battle.  That  I  prepared  and  published  an  order  ofmarcb 
w  admitted—a  plan  of  it,  which  lias  been  proved  by  several  witnesses    i» 
iWfo»-yoa.    This  plan  as  appears  from  the  testimony  of  General  Va« 
RwisaUear  and  other  witnesses,  is  that  which  was  adopted  by  General 
W»yne,  in  the  expedition  which  he  commanded  and  marched  through  the 
•ame  country.    ThU  order  of  march,  was  in  fact,  an  order  of  battle-or 
atleast,  «,  httle  change  of  the  disposition  of  the  troops  was  necessary  in 
«aje  <*f  an  attack,  that  it  «ould  be  made  in  a  moment ;  and  was  so  obvious 
th«t  it  oottl4  never  be  mistaken.    It  is  remarkable  that  the  commanding 
WReers,  whose  testimony  was  expected  to  support  this  accusation,  all 
«ay,  that  thfey  knew  howtheu?  respective  corps  were  to  form,  in  caw  of 
*ttftcte.«though,  «B,  they  say,  they  never  heard  of  any  order  of  Battle.    It 
seems  tiicii«  $haA  an  order  of  battle  was  made  known,— and  the  accusation 
ittwrt  then  rest  upon  the  allegation ;  that  the  order  was  not  made  or  pub- 
lished bynrt.    General  Cass's  testimony  on  this  subject,  is  as  follows. 

"  I  tWftk^iHian  w^e  airived  near  t^  river  Huron,  or  between  that  and 
ftWiM  ci%rtS|:  ti»«  atomwJding  offioem  of  regiments,  under  an  expectation 
JsflU»atlatikvia>plte4to  the^eneral-andhe  permitted  them  to  form  an 
order  of  btattte.-,  I  do  not  recollect  tliat  the  General  assisted  in  making  the 
^Mey.  I  think  the  fdun  originated  with  Colonel  Miller-I  do  not  recol- 
lect thi*  the  ordW  mutmemax^  submitted  to  General  Hull,  I  presume 
ttew  was  Ml  otdex^ :*b0o3^  as  orders  were  issued." 

6eneMlM^A>tfavr*s  tustiiBony  on  this  point  is  as  follows—'*  on  the  day 

%b  passed  th.:rl*er.I|*jsin,  our  march  was  about  nine  miles,  and  we  en- 

camped  near  SWaa  oreek.    Bumima  were  among  the  inhabitants  that  we 

thouW  be  attoSske4  by  Jhdians  who  were  assembled  at  the  Huron,  about 

«i5t  mites  in  ad^toce^-^Ryself  and  Colonel  Pindlay  called  on  the  General 

^  and  stated  tiiat  some  plan  of  battle  ought  to  be  agreed  upon,    in  the 

SMTCh  my  tegiinent  was  :divided— a  Battalion  marched  on  each  side  of 

a»<«»4i  in  the  rear  of  Colonels  Findlay  and  Cass.    I  mentioned  to  the 

lOimttt^t^au  sitoated,  it  was  impossible  for  me  to  be  with  both  my 

fe*.^iflni,Hidl  wishedto  be  permitted,  in  case  of  attack,  to  form  them 

•in«meHmi.    *!»  General  thought  it  would  be  well  enough  to  do  so.    1 

"iugnB«st«d  the  proprietyof  my  battalioha  being  so  formed  on  the  march  hi 

l^lrearofUie  regiments,  as  that  in  case  of  atUck,  I  might  t-wins-  my 

tegtment  round,  and  form  the  rear  line  of  a  hollow  square.     The  General 

gW*  me  hk  permission  to  adopt  tliis  plan.    I  then  left  him.     Whether  J  left 

Mlt«^un^^^gii»r'fv>itk  AtmSf  mtlifo  n9t  hnov." 

"  Mij«t  iiasup  testifies  that  I  issued  orders  on  the  march— that  they  were 
•|ene«i%  J^t  to  him  by  one  of  my  aids  de  camp— that  he  assembled  the 
B^utanU  and  communicated  to  them  my  orders.  He  further  stated  that 
tiio  «><;I«.>1/ uSfi^^rwM'ly'ivcix  aut-i-cn«cre<i— but  ihatCapt.  M'Cormick 


^ 


10 


V 


mid  Capt.  ftuaeffwlio  were  adjutants  of  WArllim^'s  anol'' 
had  preserved  their's.    It  unfortunately  happens  that  these  books  have.notf 
been  brought  on  by  tftesc  gentlemen—had  they  been  so,  it  wpuld  t^en 
liare  appeared  what  orders  1  did  issue— and  this  matter  would'not^ave  bem'^ 
left  to  the  uncertain  recollection  of  witnesses. 

As  I  am  accused  of  having'  omitted  to  issue  orderc,  and  of  having  given 
improper  orders,  I  submit  to  the  court,  whether  1  had  not  a  right  to  expect) 
that  the  orderly  books  which  were  in  the  possession  of  witnegsea  broi^t 
^forward  by  the  prosecution,  ws,uld  have  been  produced  ?  espepijilly  asl  |:f»k 
quested  Major  Jcssup  might  be  summoned  with  a  duc6s  i«eum,  to  ht'mg  h&^i 
fore  the  court  all  tlie  official  documents  in  his  possession,  and  the  ordwiy^ 
book.    Hut  I  proceed  to  examine  the  testimony,  in  relation' to  the  6rder  of 
battle.    Colonel  Miller  testifies—"  That  an  order  of  march  w&S  jjrubliske^ 
at  Urbanna— and  was  generally  known  to  the  army.— That  the  uimy'iSMtii 
monly  marched  according  to  that  order— It  was  my  underttandii^/sAjw- 
Col.  Miller  that  in  case  of  an  attack  in  froftt,  my  Regiment  ^as  to  form  the 
line  in  front.    In  case  of  an  attack  on  the  right  flank,  we  were  t&fortithy' 
facing  the  enemy— and  so  in  case  of  an  attack  on  the  left.    This  wiibW'^n-'' 
eral  understanding— but  I  do  not  recollect  to  have  seen  arty  otdef  to  this' 
purport,  either  written  or  verbal.    I  understood  it  from  a  ^oti^ersKtibn  V^itfi' 
Gen.  Hull,  and  I  believe  it  was  so  understood  by  thfc  othef  ofi^t^s,    Th6 
General  told  me  that  the  oflide  of  march  which  he  hild  adii|>t^d,  w'as  thaf 
which  had  been  pursued  by  Gen.  Wayne.  I  know  nottitt%to  thciebtftrai^*-^^ 
Col.  Miller  adds — ««  of  the  Generals  having  been  aflmbst  Al^jiys,  when  xr^^ 
■were  on  the  march,  in  a  situation  to  direct  the'mdv«ttients  of  the  trbbps— 
for  the  greatest  part  of  the  time  the  GeiJ.  rode  near  nib  infront— .soWet'imest 
he  passed  to  the  rear.    Generally  the  amtjr  eftftamped  in  a'  hollow  squire. 
After  we  apprehended  danger,  we  commonly  formed  a  breast  work,  an^  wiu 
camped  Within  it.    By  a  general  order  each  line  was  to  fortM  hi  front  of  it* 
tents,  if  atUcked  in  camp.    There  was  also  s  general  otdbifiiritoTiirig  out 
the  troops  by  taps  of  the  drum,  proceeding  from  head  quarters  aldng  tfe; 
lines.    This  method  was  practised,  and  this  troops  Were  Calkd  W  anng  eve- 
ry morning  before  dawn,  by  these  signals." 

I  believe,  Gentlemen,  that  this  is  tlie  wholeof  the  testimony  oii this  poiirt, 
which  can  be  considered  as  of  any  importance.  It  CaBnot  be  disputed  then 
but  that  tliere  was  an  order  of  battle.  But  General  CassV  testimorty  seetttf 
intended  to  leave  an  impression  tliat  the  order  did  not  originate  whhijjc-i 
but  that  it  was  suggested  by  my  officers <  and  adopted  by  them  with  mj' 
consent— without  my  having  given  myself  much  trouble  abftut  It.  I  cftn^ 
not  but  think  that  in  tliis  instance,  there  is  .i  display  of  the  spirit,  tvitH 
which  much  of  the  testimony  has  been  given  in  this  case.  It  seems  to  fttivl 
been  determined  that  I  shall  net  even  share  in  the  credit' of  any  tftlnfe  that 
was  done,  that  ought  to  have  been  done,  my  officers  claim  eVery  thtijr  Qiai 
is  meritorious  as  their.s.  ;  >  i 

General  Cass  says,  he  does  not  recollect  whether  I  assisted  in  MaJtlh^ 
the  order— or  whether  it  was  submitted  to  me  after  it  was  mad*.  Thwl 
one  of  ih^  i<i»h.m-c9,  in  whi«;h  it  is  extremely  unfortunate  for  roe  that  ib-s 


K«^Q^«cHoo  pf  t%e  witnesses  entirely  fails  them,  as  to  matters  of  tlie  great- 
est importance,  and  which  might  be  decisive,  if  in  my  favour,  as  to  the  par- 
ticiUar accusation;  while  their  memories  serve  them  with  remarkable  cor- 
rectness and  mmuteness,  as  to  circumstances  which  are  unfavourable  to 
jne. 

I  hope  I  may  be  permitted  to  digress,  so  far  as  to  remark  another  in- 
•tine*  of  thft  unfortunate  want  of  recollection,  though  it  relates  toadif. 
J^«6t  pouit.„ 

-iiBJ»r  Jilmlip  aftor  hkTingatated  that  he  came  to  me  in  the  fort,  after  the 
«*g  was  hoilsted  on  tbt  16th  of  August-adds-«  I  enquired  of  the  General 
tf  it  were  possible  we  were  about  lo  surrender— the  General  said  something 
•bwit  die.  enemyM  force,  and  something  about  terms,  which  I  do  not  re- 
doUeet*'— Major  Jessup  then  goes  on  to  state  very  particularly  what  he  said 
tfr  IB*  it0  «q>re8«  bis  strong  aversion  to  the  surrender.  I  have  surely  great 
*e«W»i.^  regret  tt»t  Major  Jessup's  memory  would  not  enable  him  to 
«t»t«  wl»at,  laaid,  when  it  might  have  been  so  important  to  shew  the  mo- 
tirea,«rf,DBy  «>o4uot^wl»le  eyety  thing  that  he  said  to  me,  which  was  cal- 
ftUlated  to  set,his  own  conduct  in  the  most  favourable  point  of  view,  made 
«o  deep  an  impression  on  his  mind,  that  he  could  undertake  to  relate  the 
wryexptesaionshebad  used,  But  to  return  to  what  respects,  the  order 
of.  battle.  , 

,  general  M' Arthur  states  that  after,  on  his  suggestion,  he  had  settled 
^ith  me, how  he  v*a. to  nuit^  his  Reg.  in  caseof  an  attack— says--"  1  then 
leftt^e.Gcneral— wMher  I  left  the  other  officers  with  him  or  not,  I  do  not 
know,";  It  appeara  then,  that  this  arrangement  about  the  order  of  battle, 
was  concluded  in  the  presence  of  other  officers— what  others.  General 
^'A'^^'^F  does  not  state.  CoJ.  Miller  says  he  understood  from  conversa- 
tiona  with  me,  what  was  to  be  the  disposition  of  his  corps  in  case  of  an  at- 
fack.,  ;.^- 

^  tJius  jt  appears  thatCol.  M^Arthur,  Col,  Cass,  Col.  Findlay  and  Col.  MU- 
%^'  ^W  ^^^^  tiieywjre  to  do,  if  an^enemy  was  to  approach  us.  What 
fowndation  is  there  t||»en  ftr  a  charge  that  no  order  of  battle  was  made 
j^npWn  .'  If  tjie  subordinate  officers  were  not  instructed  as  to  their  duty  in 
theeventofan  attack,  was  it  not  the  fault  of  these  commandants  of  corps, 
and  not  ipine  I  Suppose  ^erehftd  been  no  written  order  of  battle— but  that 
after  thp  order  gf  piarph,  which  so  nearly  approached  the  order  of  battle, 
|)ad  beeii  fcrmed,  J  ba<J  explaine4  to  ther commandants  Uie  disposition  I  in- 
*ended„incaseofap  attack-^could  any  fnan  say  I  was  deficient  in  duty, 
because  I  b|d  not  explained  my  intentions  in  a  written  order .'  I  believe  no 
«»!«  acquainted;  with  pUitary  history  or  practice  will  think  a  General  is 
^i>d  to  inakp  an  expoauni  of  biti>to«w,  in  every  orderly  book  in  his  army. 
If  t|»ewiti»e8|e»y  on  whose  opinions  these  charges  and  specifications,  hav<? 
b(:epj»we4,,  have  en1»rtaiite4  such  erroneous  »<fca»of  the  duties  of  a  com- 
»?i8«)^r»  as  ^isa#:cttsatipn  seems  to  indicate,  I  ho|^,  now  that  tcme  of  them 
have  attained  a  rank  which  may  give  them  the  command  of  armies,  they 
will.  learn,  %t  b)(  giving  a  general  publicity  in  their  orderly  books  to 

^^^CsifflbJ^iPWf.P^  be  a  departure  from  th*'ir  duti  — 

77  ---■;-■---  -■     -    -    .     ^       _   ,    .   -  ■-.■—.  -^    •> 


y« 


aid  that  thef  nay  often  thereby  g^tve  their  enemy  an  opporiimity  of  gahif 
iag  information  which  he  ought  not  to  have. 

As  to  the  order  of  battle  at  night ;  it  is  proved  by  the  l^tillboAy  ofCo^. 
Miller  that  that  was  settled  by  a  general  order,  which  was  milidlBt  l^o«^'t6 
all— and  when  the  court  considers  what  was  the  nature  of  oti^  liiMlif  of 
marek— 4tow  nearly  it  approached  the  only  order  of  battle^  wbltek  cotildlUKlf 
keen  proper  in  the  -marfare  which  we  were  to  expect-^ow  ftiitahtly  ^ 
order  of  march  was  made  the  order  of  battle— and  consider  atao,  tiiat  I  viM 
always  at  the  head  of  the  troops  while  they  were  on  th«  imirtfli^  a«h 'fiftp^ 
suaded  the  court  will  think  there  is  no  foundation  ft*  this  ac«tt«|*ion-*# 
it  has  not  originated  in  malice,  it  certainly  han  in  ignorane6.  I  am  ffftwHP 
ling  to  deUin  the  court  longer  on  a  charge,  Vhieh  in  ;  ofinwtt,  ii 

sufficiently  answered.    But  I  know  I  ought  not  to  plsC.  M  «•*#•■ 

dence  in  my  own  opinion,  as  not  to  avail  myself  of  sssqf  ti^        w^k  ifeft' 
have  an  influence  on  the  opinions  of  o^er9<    I  mttot  tibeWfiWi^  *|i(l«i*'"to 
•ther  testimony,  which  I  believe,  ought  t*  be  COnelusivte  «»^  «hii  piMM.     I 
mean  my  letters  to  the  war  departitteilt.    linnse  td  whlehl*alllifef«rft«» 
this  purpose,  the  court  will  recoUefet,  were  reid  |ty  the^Ju^  ttdv)iiWit«S.    If 
1  had  offered  them,  they  certainly  WoiUd  not  have*  1«efrcOBil«l»iv*  efidenc* 
in  my  favour— but  when  introduced  oh  th<!s  part  of  tlie'tM«(»eati6lif  ko^ftr  a* 
they  establish  any  thing  in  my  favour,  they  ore  as  good  cfid^^oee  lui  thef 
are  to  prove  any  thing  against  me.    It  would  be  a  manifest  VKAation  of 
justice,  if  this  sort  of  testimony  shoaldbe*te««^tB»l**^*or~  my  0i«ill«ii6n, 
and  I  should  not  be  permitted  to  avatt  iw^8eff«#lfe,  «0  ft*  a*  ie  Wight  seWil 
for  my  exculpation.    It  is  a  geherAl  rute;  StWaii  applies  ttf  tbe  aamliRiatfti 
tion  of  justice  in  all  courts,  that  #herevet  A  doei^eAt  is  teai^  fcy  «**  ii*^ 
tlie  whole  of  it  becomes  evidence,  of  wMch  tiflier  piort^  may'aVipiii^et^' 
Z  beg  leave  to  remind  the  court  thai  thiir  rtfle  has  been  ackaroMiid^d!  1^' 
the  Judge  advocate.    The  court  will  i«caUeet,  thkt  in  the  ebarke  Of  tfef^ 
examination  of  Capt. Puller,  Major  I*arkei»  pb|«»te4  to  take  do^' tiki  an- 
swer to  a  question  which  I  put  to  the  'witiieisi  ik  l*fel»if  iinnecesiihT'.'bje*- 
fause  the  fact  as  to  which  t  interrogated  \inta,  iti»  tfOfficiehtly  prtoved  \if 
my  letters  to  the  Secretary  at  war.    In  my  letter,  dated  8okinon'a|to#ii',s 
J8th  June,  1812, 1  say— "my  order  of  malt*  is  in  two  #o1anilia»  wiAitMhg 
front  and  rear  guartis.    The  column^  flsiked  ^  the  i^cn^  "and  'cavalry,' 
where  the  ground  will  admit— the  ba^[fage,prQvisicttUi,Srci])e^lW|j^  the 
columns.    The  army'has  beefn  practiced  from  the  two  eolumns  ttsfef*  tW 
lines,  either  in  front,  rear,  or  on  eitter  fliudc— or  to  form  a  sqOaTe  faci^^g 
outward— my  orcI(  r  of  encsimpmeot  atnight,  is.  asquaire,  facing  wfim^t^^ 
Vith  all  the  baggage  in  the  centre,  8tc.**  '      •  *    ■ 

My  letters  of  the  24th  June,  1812,  from  near  I^anchard's  creek,  inclpse^ 
to  the  Secretary  at  war  the  order  of  roareh  which  has  been  given  in  evi- 
dence. Among  the  manuscript  rtotes  subjoined  to  that  order,  is  cme  in  t|\e 
following  words — "  Th^lbhimns  are  In  a  situatioiB'to  fona  two  iisc&if^ 
front,  rear,  or  on  either  flank,  or  to  form  a  square."       ,        ,         , 

After  these  obscrvatidnsi  I  cannot  bet  IxisatisSedt^hat  the  coitrt  will 
t6ink  that  there  was  no  erround  for  charsfing'  mer  w4th  iiejrU^llus  tQ  ,i»«5V. 


^ 


)^ia8  ftnd  fetiew  my  ttwps,  or  omitting  to  prepare,  and  make  known  9fi 
order  of  battle. 

];  TJie  next  aecusAtions  tliat  I  shall  consider  are,  that  I  neglected  to  repair 
md  put  in  order  the  cannon  at  Detroit,  and  to  put  the  place  in  a  state  ofde,- 
^ce-'-4fc»t  I  did  not  seasonably  repair  and  put  in  a  state  of  service,  the  ar- 
tillery neoessary  for  the  operations  in  Canada  ;  and  that  1  did  not  transport 
them  to  the  enemy's  shore,  as  soon  as  I  ought  to  iiave  done.  I  have  already 
had  occasion,  incidentally  ta  notice  these  accusations — and  I  shall  give  no 
iUrtber  aaswer  to, them  than  to  refer  the  court  to  the  testimony  of  Capt, 
Pelliba.  He  states  that,  when  I  arrived  at  Detroitr- "  The  fort  was  gen- 
erally in  good  order,  and  in  a  good  state  of  repair"—- on  his  cross  examina- 
tion, Capt  Dalliba  says—*'  The  fort  was  in  the  state  of  defence  I  have  de- 
aoribed,  except  as  "to  some  immaterial  matters  on  the  4th  day  of  July,  be- 
ibre  the  arrival  of  t'.e  arpy.  Afterwards  something  was  done  with  ih« 
«rdnance  itores,  and  mounting  the  cannon.  But'  every  thing  designed  for 
the  defence  of  the  fort,  exclusively,  was  completed  on  the  4th  of  July. — 
After  the  Geqeral's  arrival  at  Detroit,  industry  and  exertions  were  used  to 
put  in  order  the  field  pieces  and  heavy  artillery  for  the  siege  of  Maiden. 
"Xhis  was  done  (says  the  witness)  under  my  superinteudancc,  and  by  order 
ttfGen.  0Qlh«» 

:  This  witness- was  examined  on  the  8th  of  Feb.  four  days  afterwards— on 
the  12thlM;  is  again  called  by  the  Judge  advocate,  and  then  he  testifies  a9 
folk>wfl :  f*  I  had  before  stated  that  no  alterations  had  been  subsequent  to 
the  4th  of  July  for  defence  of  the  fort.  Some  few  artificers  immediately  after 
thesarriral  of  Gen.  Hull,  w^it  to  work  to  repair  and  mount  some  heavy 
cannon  on  trucks,  to  be  placed  in  the  batteries  on  the  banks  of  the  river; 
and  some  repairs  were  made  tp  titree  brass  field,  pieces,  and  a  small  quan- 
tity of  ammunition  was  fixed  for  them— But  no  oi  der  was  received  to  my 
knowledge,  to  prepare  the  heavy  field  artillery  uniil  after  the  army  went 
to  Canada.  I  have  the  orcUsr,  and  think  it  was  dated  on  the  15th  or  16th  of 
itily.'*  "  .    ■ .  ..>    •'.  ; 

>  1  have  already  made  some  remarks  on  this  testimony,  and  stated  that  the 
order  was  in  fact  giten  tn  the  14th  of  July:fiuntil  that  time  the  artificers  had 
been  otherwise  employed.  I  will  remitti  the  court  here  of  the  objection 
offered— and- which  was  over-rtried  by  the  e9urt,  to  this  mode  of  re-exam- 
iningsL  witness.  If  to  examine  the  witnesses  in  the  presence  of  each  other^ 
be  fcdep^ure  from  the  usages  of  courts  Martial,  it  is  certainly  a  much 
wider  and  more  important,  deviation  from  that  usage,  to  call  up  a  witness, 
and  to  allo\v  him  to  make  important  alterations  in  his  testimony,  after  he 
has  been  listening  for  days  to  the  testimony  of  othtr  witnesses. 

1  now  mark  this  irregularity,  as  I  conceive  it  to  be,  for  the  sake  of  pre- 
senting it,  as  well  as  the  fact  of  all  the  witnesses  having  been,  pursuant 
to  a  determination  of  this  court,  examined  in  the  presence  of  each  other, 
totheattentiohof  thehigh  officer,  who  Im^  authority  to  review  th^se  pro- 
cftediftESi  €ol«w*LMiller  testifies  that  ife  ••  discovered  no  want  of  execu. 
tion,  iit  respect  to  preparing  the  heavy  and  light  field  artillery,  after  th<^ 
a,rnry  arrived  at  Detroit." 

1© 


H 

(kneral  Taylor  Bays—"  I  believe  no  time  was  lost  innMp«n|UaQ»~tbn'; 
ber  and  some  large  wheels  were  got  out."    Again  the  iam'e  vmieL  says— . 
that  he  visited  the  artiacers  every  day,  to  hurry  the  preparations,  wittr 
^ers  from  General  Hull—"  and  I  must  say,  (adds  the  witbess)  tKat  Gen« 
es-al  Hull  shewed  great  anxiety  in  getting  the  artillery  ready.    I  pray^ 
leave  to  make  one  remark  on  this  language  of  General  Taylor's,  #hich  t 
am  aware  may  have  tlje  appearance  of  being  hypocritical.    But  I  beg  thA 
indulgence  of  the  court,  'till  I  have  explained  my  reasons  for  noticing  a 
circumstance  apparently  tiivial.     Why  should  General  Taytof  preface  his 
testimony  of  this  fact  in  my  favour,  with  the  phrase    **![  inust  say."  tt? 
seems,  as  if,  to  state  any  circumstance  favourable  to  me,  iw*a8  tl(|0  restilt  of 
a  compulsion,  to  which  his  mind  unwillingly  submitted.    In  this  iristaAcis' 
he  speaks  like  a  penitent,  whose  conscience  obliges  him  to  make  ^e  ac» 
%nowIedgment  of  a  feet,  which  his  ii^clination  Would  prompt  him  to  con- 
ceal.   1  had  ^  right  to  expect^  that  when  the  witnessfts  could  testify  any 
thing  in  my  favour,  they  would  speak  in  the  same  unreserved  language 
which  they  used,  wlien  they  intended  to  e^ipose  my  misconduct.      Upoiw 
most  occasions,  observations  on  circuiinstances  apparently  so  lig^t,  mighb 
not  be  proper  or  necessary.    But  Gentlemen,  I  beg  you  to  recqllect,  tbat^ 
the  witnesses  have  undertaken  to  interpret  my  hokt—md  have  ^^atured> 
to  infer  from  my  countenancei  from  my  appearance  and  manner  what  w*t, 
^sing  in  my  mind,  and  by  what  mfitivea  I  was  actuated.     They  have  J>,0^» 
besitated  to  express  opinions,  derived  from  no  other  indicationa—JwheQ^ 
they  knew  tbat  these  Qpinions  might  afiect  my  honour,  an^  my  life.    1%: 
cannot  be  improper  then,  liiat  I  should  ask  you  to  remark  even  the  sligbtjsl, 
eat  expression  of  a  witness,  which  I  may  think  will  betray  the  dispositipu^ 
with  which  he  testifies.    It  is  with  feluotance,  that  I  attempt  to  impeach 
the  testimony  of  any  witness  who  has  been  called  against  me.    I  have  beeix^ 
taught  to  venerate  a  soldier  from  my  infancy.    1  know  that  the  professiyn 
of  arras  generally  adds  lustre  to  the  n\ost  noble  virtues.    But  I  know  that! 
men  do  not  change  their  i^atures  by  becoming  soldiers,  nor  by  attaining, 
the  most  elevated  ranlt ;  and  when  they  can  reconcile  it  to  themselves  to* 
accuse  me  of  cowardice,  from  a^earances  so  fallacioi^;' surely  I.  may! 
remark  that  expressions  they  fii^v^  Used,  mdicate  bias,  partiality  or  pre  ^, 
judice. 

Witliout  4etaining  the  qourt  with  a  particiUar  recapitulation  of  more  of 
the  evidence  on  this  point,  1  shall  wmtent  myself  with  referring  the  court  i 
to  the  very  imporUnt  and.  decisive  testiii^ony  of  Captain  Dyson—to  the 
testimony  of  Captain  Bacon,  and  finally  to  the  testimony  of  Mr.  Watson-^ 
who  says  that  after  my  arrival  at  Detroit,  no  man  could  have  been,  mom 
industrious  and  indefatigable  than  I  was.    Iproceed  to  »  n*w  subject,  an4. 
shall  now  make  my  defence  against  the  accusation,  which  i#  inaubstanceij 
that!  did  not  avail  myself  of  the  opportunity,  whicJi  the  defeat  of  tha  . 
5neray,  by  Colonels  Cass  and  M^,  and  their  poss^ioncrf^Mbridge^U 
over  the  river  aux  Canards,  on  tlMghteenth  of  Julv^&j%dedj>f  «^!n»i 
an  attempt  on  Maiden  j-and  tl^t  I  di4  BQt  n^wataia.  p^ 
bridge-  '       '       "  „  r' ''\^ 


Hi 


6^ 


«IJ«  iification  under  the  chafgt  of  unofficer-Uki 


-  j»>«  iam*  Ac  sixth 
^nduct.    ' 

^e  expoKlUon  which  I  h.re  already  presented,  of  mv  views  and  desipi. 
r/wi!T  *°*^"»^«»  would.  I  humbly  conceive,  afford  a  sufficient 
Sh!.  «f  *'"  «««i»«tioh ,  I  did  not  think  it  expedient  to  attacic  Mnlden, 
WhritfT/'ST**"'*'''''^'''''  "''*''^'  T're  ious  to  our  leaving  Canadiu 
WhfS.  f  ;?!&  ****^'*"*' '  ''*^"  "''•^^'^^  explained.  The  advanta^. 
IS-S^*^  '^'*^*''  be  gained  bv  delay-a  regard  which  mv  orderti 
wmpeilert  n»eft»|iftyto  the  securitv  of  mv  own  posts- the  nece»,itv  of 
SS?f "  ""^  «Hnm«nicat!6n,  the  certain  conseqiiences  of  defeat-and 
^^  probable  cowequence,  of  victol^^have  all  been  considered  in  making 

aawe  or  even  exeimhle,,  i,  deferring  the  attack  on  Maiden,  1  must  be  so 
«h*vmjr  omitted  to  4v«H  myself  of  the  possession  of  the  brid?e~and  in 
^^T^"^  tortaint,.init..  it  would  have  ^een  absurd  to  hare 
te^Slli-  r  '"  ''  P"'*  "►"  *''^'  '"^  "^^°"'=^  ""^^'"'  5t  was  with  a  view 
fc  JSS'"  ""T""'"!  *"  Maiden.  Bui  I  he^  the  court  to  advert  to  the 

ft^ll!?^  ^  t^  ''"*  on  the  seventeenth  as  appears  by  my  letter  to 
^rth  ^ri  ^"  "'V''''«l»'  'lay  after  we  moveSVnto  CanadLrtilt 
S  W  '^'Il'^T. '"""  "^  ^T''  "*^'^^"  '"  C«"'''»«.  had  uniformly  resulted  in 
IfouSrTi"    V",??"*"  *-*  '''*  ''"^"P*  °"  ^«  enemy's  fortress 

^S.^T  ^T"""^  "*  ^'"•^"''^  '?  which  Colonel  Cass  himself; 
wappearsbythetestTtnonyofJudp^  Witherellhad  aivised  that  the  at- 
tttK  on  Maiden  sho^dd  not  be  made  without  cannon. 

y!!^^V^  '^"r '"^  P"  detachment  or  rather  in  permitting  Col.  Cass  t« 
iB^ch  ,t.  ajjpears  from  h.s  testlmony-t  meant  it  as  a  reconnoitering  party, 
Md  by  nq  means^  intended  that  the  commanding  officer  should  pursue  mea- 
sutes  which  might  expose  the  detachment  tp  be  sacrificed,  or  oblige  me  to  ^ 
ahjndon  the  system  I  bad  adopted,  hy  leading  my  whole  amy  to  its  sup- 
^.^Col.  Cass  testifies,  that  a  day  or  two  after  Col.  M'Arthur  was  de,    . 
tadiM  to  the  river  French,  he  (^ol.  Cass)  requested  me  to  permit  him  to 
reconnoitre  the  ^ouhd  between  Sandwich  and  Malden-that  I  did  permit 
It,  and  a  detachment  of  280  men  were  ordered  for  that  service 
€e;ne,Jil  Tal^lbi-  states,  that  he  was  present  when  news  arrived  that  Col. 

wT*  ;t  /i  fi''*'  "^"^  ^''"^^^  bridge-.*  Th..t  1  expressed  my  astonirfi- 
nftnt  that  Ool.  Cass  should  have  commenced  hostilities-as  t  was  not  ready 
With  the  artillery^that  T  appeal^ed  to  be  irritated,  because  Col.  Cass  had 
^en  upbn himself  tt,  act.  ^rithout.riiy  authority-the  detafchment  havinr 
«ily  been  sent  6ut  for  observation.*' 

^^*^  be  doubted  but  that  feener^l  Cass  knew  hiy  views,  and  the  obi 
jects  of  h.s  detachmeM^How  far  iie  was  justifiable  in  pursuing  measures^ 
g^trytotheni.>Otoniy  in  feaking  an  attaik,  which  might  have  forced 
a"'  "n  """ "*"f  ""*r  -'■^"«*^  «»^i ion  f»r  his  support,  but  after  my  verbal  or. 
^»to.«tiws.^r«s1ing  to  maintain  bis  situation,  until  he  had  tried  the 
♦Iteetofawntten  remonstrance  to  me,  it  w  wmeooesary  now  t»  wiaii^r. 


r« 


« 


I  do  noft'  belie«-e  thtl  the  whol*  of  this  proceediay  wm  ^mmovmpf,  ta  »l- 
ford  grounds  for  new  clamors  against  me  and  wei^^n  i074i«U)airi^4 ,,  $tf. 
officers,  long  before  they  had  matured  their  conspirftcy,  to  w,fmi|  t^B  «ok^ 
mand  from  me,  by  actual  violence  to  my  person,  had  fiwwfd  A  \^t  ^ 
which  I  firmly  believe  this  was  a  part,  to  place  mc  ui  Aueb  »«yitu»t^nMi 
vouM  oblige  me  to  be  obedient  to  their  schemes.  If  any  t|)ii\f  Ml^^Mrfiil 
vras  don«,  they  would  claim  all  the  nu;rit— la  case  of  dtsAster.  Mie  M^mm 
could  easily  be  thrown  on  the  commanding,  GenenL  ^  If .  J  haAled  the  u^ 
my  to  the  Canards,  which  probably  I  must  have  donic»  t«^,  j^yie  m»iDtj||i)e^ 
the  bridge,  instead  of  its  being  alleged  again«t  mc  m  » ,(^i)if|*^>h«t  I  ,#1 
not  do  so,  do  you  not  believe  Gentlemen  in  case  we  luui^  |)«en,«MHMicdf  | 
should  have  been  charged  with  mis<;onduct,  in  havinff  acied  in  <^po^tio« 
to  the  advice  of  all  the  councils,  not  to  moT*  on  M^ddoii  without  artillery  I 
And  when  it  is  considered  that  Col.  M' Arthur  WM  «|ifenttwith  a  large  At* 
tachmcnt-  Jiat  I  liad  received  no  intelligence  ft^fMO  hini-T^^hiit  I  was  vadei^ 
great  uneasiness  on  his  account—I  do  think  thatif  I  had  left  bira  in  xuf 
rear,  and  with  only  part  of  my  army,  bad  token  grounds^  which  mi^t  have 
been  the  field  of  a  general  action  with<  the  enemy's  whole  forces  which  w«» 
then,  either  in  respect  to  its  regulars,  militia  or  Savages,  unascertained* 
and  at  that  time  but  inconsiderably  weakened  by  desertion,  I  shoold  have 
been  highly  culpable.  Col.  ft^^l^ler^s  account  of  this  transaction  is  asTol-t 
lows — "  In  answer  to  a  message  sent  to  Gen.  Hull,  he  sent,  us  4n  order  tq 
return.  The  purport  of  his  message  was,  that  he  could  not  soon  be  readji 
for  the  attack  on  Maiden— and  could  not  think  of  dividing  the  army.  >yp 
then  wrote  to  him  .and  pressed  in  stroi^  terms  the  necessity  of  main^inifig 
the  bridge.  In  answer  to  which,  he  sent  a  written  discretionary  order /^ 
us,  expressing  his  anxiety  about  Gen.  M' Arthur,  &c."— This  order  ^  |m^ 
proved.    It  is  in  the  following  words.  ^ m  ,    :'■'.  ■'-.>■ 

,   |.      "  Sandwich  irth  Ji%,  ikix   ; 

Sir,  ■  ■;.  ■  ,.^     ■;, 

I  have  received  your  letter  of  this  mpmlng.  To  my  astbnishment  I  h^ive 
not  received  the  least  information  from  M' Arthur.  It  is  possible  some^ 
thing  unpleasant  has  taken  place.  It  will  probably  be  a  w&k  before  the 
cannon  will  be  mounted.  I  am  sensible  of  the  advant|ige  of  holding  thc^ 
bridge.  I  would,  not  however,  hazard  too  much  for  the  purpose.  The 
enemy  may  pass  the  ford  above  and  come  in  the  rear.  I  will  however; 
leave  to  your  discretion  and  Col.  Miller's,  under  all  the  cireumstaaces  of 
the  case,  to  do  that  which  you  judge  tnost  expedient.  Twelve  miles  are  a 
great  distance — and  the  enemy  can  either  land  in  boats  above  the  mouth  pt 
tiie  river,  or  pass  at  the  ford  to  attack  you.  You  know  the  ground  bettei?^ 
than  I  do,  and  as  I  before  obBerved—I  will  leave  the  ineasure  wid,the,&|«ei 
to  your  discretion  and  Col.  Miller's  and  the  beat  mode  ol*. security  to.the» 
party." 

I  ion  veiy  respfectfuUy,  your  most 

Ohed.8eryt,  ,,  

L  W.HuUB.Genena  .    . 


Col.  Cass. 


CkM 


^^.  MUlArlhrthe^  testiffes  that  •'  upon  the  receipt  of  this  letter,  tie  of 
mn  ^«««  «ttlled  tt>{t«ther,  and  it  was  decided,  that  unless  the  bridge,  b<? 
B»t  ISttk*  HlWflw  flfoitt  our  camp,  and  only  4  or  5  from  the  enemy,  coiilcl 
fce  •Uppoft^fiy   MfwA«fe/om>,  we  had  better  return,  and  that  as  we  had 
mttlie'dUpodtionorthe  whole  force,  which  was  thought  necessary  we 
•tag^t  nut  ti  take  the  responsibility." 

This  ttotiitfony  I  think  developes  too  plainly  to  be  misunderstood  the 
Aes^-dT'^tlM^lniiceedings:  I  was  to  be  compelled  to  abandon  my  own 
Iphuii  And  tb  adopt  those  of  my  oJRcers.  I  was  to  be  compelled  to  lead  my 
^hbte  Ibftc  iii  *  manner,  under  the  walla  of  Maiden,  without  being  provi- 
aed  with  irtUletyu«nd  I  was  urged  to  do  this  by  tlie  commandant  of  the 
aetaehment,  ^tikdi  bat  a  day  or  two  prerioasly,  had  given  a  decisive  opinion 
in  counoH,  thai  tike  attack  on  Maiden  should  not  be  made  until  the  ordnance 
was  prepared.  But  wheft  it  was  found  that  my  order  left  the  officers  of 
the  <leta«hmenti  idiMrctloii,  and  Uiat  if  any  attempt  to  maintain  the  bridge 
should  be  attended  with  arty  diaiistir,  the  officers  must  share  the  responsl 
bihty->^tben  there  was  no  doubt  as  to  the  measures  to  be  pursued.  It  would 
have  disappointed  tl»e  whole  design,  if  I  should  escape  any  part  of  U»e 

But  however  thii  affair  of  the  bridge  has  been  magnified,  it  is  a  fact,  that 
the  possAkion  of  that  pass  by  the  enetay,  never  was  contemplated  as  an 
ebstacleto  amoveme«t  on  Maiden.  Thtfy  ift  truth,  never  attempted  t» 
tmintain  possession  of  it.  Col.  Cassis  micontre  was  only  with  a  reconnoit- 
ering  party.  According  to  the  testimony  of  Col.  Miller,  they  saw  no  more 
tilaii  50  of  tJ.e  enemy^Ke  says  they  bad  ubout  25  men  on  the  bridge,  and 
AoQt^  on  our  side,  and  that  some  men  were  discovered  in  the  woods. 
After  this,  thire  \ve(re,  as  appears  fhJto  the  testimony  of  Col.  Cass,  repeated 
detachment*  sent  from  Sandwich  to  the  bridge,  they  always  found  it  un- 
•ccupied  by  the  enemy.  It  could  then  have  been  noobject  to  have  moved 
fte  army  to  that  post,  until  the  attack  on  Maiden  was  determined  upon. 

tt  is  curiou*  toohsenre  what  trivial  and  irrelevant  circumstances  ingenit- 
Uy  can  bring  together  to  create  false  appearances.  Some  of  the  gentlemen 
who  were  prisoners  with  the  enemy  ii  the  time  of  this  transaction,  have 
^n  produced  to  testiijir  that  when  accounts  reached  Amherstberg  that 
•ur  detachment  bad  appeared  in  the  AuxCanards.it  created  great  con- 
sterriatibh,  and  it  was  intended  that  it  should  be  believed  that  the  enemy 
were  ready  to  abanddh  their  post  at  our  approach.  But  it  turns  out  upon 
farther  examilatioh  from  witnesses  of  the  same  description,  that  thedis- 
fohitioh  to  fly  was  only  manifested  by  the  town's  people,  who  thought  it 
tinhecessary  to  expdse  their  persons  and  eflects  in  a  place  which  was  like- 
Ijrto  be  inveitt^.  -rMs,  »o  fi*  from  evidence  of  an  intention  to  yield  the 
pktewWl^  contest  Jb  hot  ihunfrequent  measure  when  the  most  obsti- 
nate resistance  b  uiteoded.  In  my  letter  to  the  Secretary  at  war  of  the  19tk 
July,  I  mentionihe affair  at  the  hva.  Canards  Bridge,  and  say  great  credit- 
is  due  to  Col.  Cass  and  his  detachiftent  for  firmness— Col.  Cass  and  the 


...lU...  _-l. 


.     ~— 5  =-t»i'«»«-wv»  Sjr   tne  propOJ'Uou  of  regulars  which. 
were  wiAtim^  ot-^'fot  eucwata  wit*  wiy  eneroy,  I diol  tkmk  credit 


Si 


^^a*  due  to  both  men  and  oflRccrs— But  when  I  wrote  tli»t7e(llf  f  ful  fl^ 
tlie  same  views  of  tlie  dcsig-ns  formed  af^ainst  me,  which  •ubscquen^  c^^ 
cumstunccs  have  expresKcd.  I  did  not  then  sec  that  a  plan,  Irhich  liM  b«eti 
■o  Rurcessful,  was  settled,  to  make  my  destruction  a  merit  which  wm  to 
give  another  my  place,  mid  some  of  his  accomplices,  f-ank  and/erftme. 

I  am  charged  witli  unoHlccr-likc  conduct  in  8Ufterin|>  my  eomn]^icatiOn 
witli  the  river  Raisin  to  be  cut  of}'.     Tliis  imputation  is  afnohg  tKi  last  thai 
i  expected  to  find  in  tlie  catalogue  of  my  accasations.    If  it  had  be<H  ih-* 
tended  to  shew  that  nothing  tliat  I  did  or  intended  to  d6,<fou1d<is0ape  c^fl- ' 
•tire,  this  specification  would  afford  fitronjf  evidence  bfsil^h  ft  disiiositi'Otl. ' 
In  tlie  means  that  I  took  to  open  this  commnnication,  arfc  ftlsO' inade  die  sub- 
jects of  accusation.    Tlic  detnchment  under  Co!.  Van  Ilorfte,  the  retreat 
from  Canada,  the  detachment  under  Col.  Miller  and  under  Colonels  JTAr- ' 
thur  and  Cass,  although  tlicy  were  alltneaatirea  Which  were  dictated  by^, 
the  strong  necessity  which  I  saw  and  felt  iolttep  open  the  eommuhicaUon 
in  question— arc  all  .set  dowij  as  Instanced  Of  ttiistoftduct.     But  1  wbul^ 
ask  those,  at  whose  instigation  these' chkjjgjss  have  been  made—what  rtica-^ 
^   Bures  I  should  have  pursued  to  havCr^oflTe'^^d  this  object?  It  must  be  re- 
membered that  it  was  utterly  Irf  v»i}v  to  S.aVe  opened  the  comrtiunication  ' 
-  to  the  river  Kakin  only-|t.n9,  pfcp^iics  coiilcV  come  from  thence,  tliut  were 
not  drawn  from  the  westem.states.    T  mus^  therefore  fiave  protected  tlie'' 
road  all  the  way  from  .  Ohid.  ,  Was  tliTs  to  'haVe  been  doh^  by  stretch jng-'* 
fcack  so  great  a  distance,  with'  ■  sni^clen^  force  f  If  so,  my  whole  arroy 
would  have  been  insufTicfcrit^foi'tJ^e^tlicpose.    the  two  hundred  men  I  ^ent  I 
under  Major  Van  Home,  my  t^  Senior  officers  thought  insufficient.    In' * 
their  opinion  I  ought  to  have  detached  for  this  duty  one  Of  th^slr  regiments. " 
Col.  Miller,  after  he  had  defeated  th'e  etwnay,  had  more  than  500  men  left  ■ ' 
and  was  within  U  mile*  of  his  destination.    He  thought  it  ncdessoiy  ^' 
send  back  to  me  for  a  reinforcement  of  one  hundred  and  fifty  or  two  hqn- 

ij,  dred,  before  he  could  proceed—althougt  he  knew  th'at  at  tlie  rjver  Raisia    ' 
he  was  to  be  joined,  and  would  be  stwmgthen^d'in  his  march  6ack  by  the 
detachment  under  Capt.  Brush,  which  had  escorted  the  provisions  to  the 

^  river  Raisin.  If  so  great  a  number  of  men  waa requisite  merely  to  foi-ce  a 
passage  to  the  river  Raisin,  and  back,  how  ^reat  a  portion  of  lay  army 
Would  have  been  necessary  to  keep  open  the  rbad  to  (Hiio,  or  even  that  por- 
t-on of  it  which  was  between  Detroit  abd  the  Aaisin  * 

I  think  it  must  appear  to  the  court  that  I  could  not  have  kept  open  thitf 
extensive  line  of  communication,  without  distributing  my  whole  army  aloii^ 
Ifie  road— and  yet,  according  to. the  infer*nces  to  be  drawn  frO^  tii^  chMr^  . 
es  and  specifications,  I  was  criminal  in  not  carrying  on  an  offensive  War  u^ 
Canada,  and  in  not  performing  «t  ^  aalne  \ilriie  HfiOttln*  MsV^tcd  >hwfc  „ 
roidd  have  rccpiired  all  my  troopti     '  '    ^  *        "  •■  '  '      -"  '     T  '*« 

That  liiis  communication  ou|^  to  haW  bedn  Kept  open.ia  most  tertiun— 

I  did  expect  it  would  have  been.-  ^1  did -suppose  thkt  *  forte  woi^dliav^^^^ 

been  sent  after  me.  ujlfinus*^  ^-^'^  — —1-?  *-  *f-'.,  -.-.^ --^^^^i      wsw^iji;  ■  •!  ..n   :  .j^jsiv;/ 


army.    The  grounds  I  had  for  these  expectations,  will  appear  from  docu- 
msnts  which  arc  before  the  court,  to  some  of  which  I  have  already  adverted. 


ltk»Jfe^d  tlttt Jim  j^uiUy  of  misconduct  in  »tad\ng  the  dctacU, 
a»«nt  under  M.jor  Van  Home-bccausc  it  was  inadequate  to  the  puroo.. 
for  wh.ch  .twa.  intended.    The  proof  of  Uio  inadequacy  I  prc.ume  is.  that 
iVWM  defeated.    It  appears  however,  that  it  was  not  owing  to  U»e  want  of 
numbers,  thl^t  thi.  defeat  happened-according  to  Major  Van  Horn,  s  own 
rC*'  l..***^^  ti»»tatUckcd  him.  he  judged  ft-om  the  fire,  was  from  150 
to3W.    Tbu  waa  conjecture,  for  more  than  40  savages  were  not  seen. 
But  theae  voJu?iteers,^e  same  patriotic  men  who  are  said  to  have  went  so 
bitterly  bwMWetbejrwert  not  allowed  to  fight  at  Detroit,  fled  in  the  first 
momenta  of  au  attack  witl»  the  utmost  disorder  and  precipitation-had  thi. 
not  been  the  caac,  the  detachment  waa  sufficient.    If  it  had  fought  the  ene 
my.  th,re  can  bp  m  doubt  but  It  would  have  made  its  way  good  to  the  riv- 

citT*I*'*7/iT"!?*'''^"J'*'"*^^  ^y  •  '*'««  detachment  under 
C^pt^Brush.  Ifthedetachn^nthad  been  ever  so  large,  it  would  havo 
Deen  insufficient^  .f  the  men  behaved  no  better  than  those  Major  Van  Home 
eommanded  d«i  upon  this  ocoaaioi,.  But,  8ir,  the  true  foundation  for  Uii. 
eharge.  .sthat  I  d,d  not  think  proper  to  be  obedient  to  the  advice  of  mj 
two  senior  officers.  It  was  pUccd  in  this  black  catalogue,  solely  for  th« 
purpose  of  g»vmjr  the^  an  oppojjtunity  of  proclaiming  to  the  world  their 
own  supeijor  sagac.ty  and  judgment.  It  was  to  g.velA..  a„  opportunUy 
to  prove,  by  their  own  testimony,  that  .whatever  I  did  was  wrong,  and  H 
whatever  they  adv.sed,  would  have  bep  right 
But  possibly  fought  to  ha^esuffe,^  the  advice  of  these  officers  unon 

had  thebestopportuoityofknowing  tl^e  character  of  th«ir  own  troops,  and 
might  have  anticipated  their  shameful  conduct.    But  then  I  think  I  have 

r.s  T"*'"  '''i*''°'"'^'""^^*^'«^'*^^^  "0*  »t  thi.  time  i; 

candid  as  they  wer«  when  it  wa.  proposed  to  at  .mpt  Maiden  by  arm? 

ppdns^le  for  their  men.  If  th#u«l  told  me  this.  Ip^ight  have  thought  It' 
pgiit  to  increase  the  force  of  jhe  detachment,  and  to  have  added  to  it  some 
regular,,  whose  presence  might,  a.  itdid  at  the  Au,  Canard",  have   ncoTr! 

The  court  tbeii  adjourned  to  meet  to-morrqV  morning  at  10  oclock. 
Fridi^  mortfiiyrf  March  l^h,  I844. 

The  court  met  puMuant  to  adjoonuneBt: 
Present  all  the  raemben; 

fcltewr**  Hull  .ppfiared  in  court,  «.d  prtceeded  to  read  his  defence  a, 
iJ^'r  °^**"^?^i*'*^^***»"»*J^^*«'*^««t  down  to  swell  the   ' 

on^fe V     '^'*"^®*^^'^  *^^  ^ ^^'"ff  '^^t-ohed  Col.  Miller 
^^MA^andaot  M«^«up^Ued  Wm  with  provision,  when  ^ 


«0 


»■  "While  Sir,  I  feel  myself  bound  to  acknowledge  the  UbeVBlity  With  vSifck 
I  have  been  treated  by  the  Judge  Advocate  in  the  <tourt(#^rf'tlflfc  ttHJ^tnd 
the  delicacy  with  which  he  has  in  general  refrained  fiism  r«)fmtiA|;  Uie'dfli- 
OU8  epithets  which  are  so  profusely  and  wantonly  used  !nilte'ap«6iA«itSi^8. 
I  cannot  but  rej^et.that  he  has  in  respect  to  thi»  charfie  tl^fMHrtell.%n»'lus 
general  observance ;  and  that  he  should  upon  such  evidence <•»  w«*  Wftre 
liim  have  thought  himself  justifiable  in  imputing;  lo  l»l«i8Cfl»diM;%««k,|his 
eccasionan  useless  waste  of  American  blood.      >  '        'v(,,<    <  <      .-       /,;.. 

Sir,  the  American  blood  that  was  spilled  in  tl»ieailtMt.«t  ||pWM*^pni 
was  gloriously  shed.  It  purchased  a  victory  tbait  did  <^n<)ni?  t(«  on^alips  • 
True  it  was  ineffectually  shed— but  to  lay  the  fui^iSS  of  tJ^  eiitei?pri|e  to 
me  and  to  reproach  me  witli  this  waste  of  blood*  »»  ««Uiya«t.Mi.t>»i^^ 
human.  ,.■;.■,    ■  <,  ■  4,-.-  .   ■    '.--.v-r; 

V  I  do  not  understand  that  I  am  supposed  te  ,JMore4ow  WTonjin  sendhi|r 
the  detachment,  or  in  not  making  it  of  greater  fotatM^y  jUje  ,^^^||y  of. 
Col.  Miller,  it  appears  that  he  marched  with  fiOOtmpninrtewl  of  ^%«s  is 
mentioned  in  the  specification— But  the  nuseondtict  imputed  to  ine  isj^  1 
imderstand  solely  that  I  omitted  to  supply.  Ceil.  Mdlejr  with  provif^omf  aftef 
the  battle  at  Brownstown.  -         ' 

With  respect  to  the  wan*  pf  provisions  it  ^peaP8.1*at  the  ^tacbment 
was  amply  provided  when  it  left  DetBoit.  The  BWrch  tli^  yretv;  to  psrft>nn 
was  about  30  miles— and  Col  Miller  states  thattSey  were  furnis,he4  with  a 
supply  for  two  days,  when  they  set  flijferria*  (he  says)  the  provisions  T^ei« 
thrown  away  with  the  men's  knai^Jisks  when  they  were  attacfcd—|nd 
though  he  represents  the  enemy  to  h»ve  bpen  enUr(?ly  be^teii^  ^d  so  for 
driven  from  him,  bota  off  his  poute*  that  Captain  |d axw^l  went  frpm  him 
to  Brownstown  and  back,  «nd  reported  that  th&enemy  weire  all. gone—an* 
though  Col.  Miller  states  that  he  reUen^ed  to  the  battle,  gfoyndwiji;, his 
whole  force  and  was  in  fact  imdisturbed  oi^at  grotpid  nearly  twp  daj'S— 
yet  he  says  in  his  cross-examination  that  tte  provisions  were  not  recover 
ed,  because  he  could  not  suffer  his  men  to  sep:  #a,te  and  take  them  up. 

I  cannot  conceive  Wtat  necessity  there  could  have  been  for  his  men's;  Sep. 

arating.    It  appears  to  me  that  he  would  only  have  had  to  march  his  whole 

detachment  over  the  ground  ^ere  the  attack  w.a»  made  and  tMe  ]^rovis)Ons 

might  have  been  recovered  with  as  much  security  tp  t|be  ttetochmertt,  as 

when  they  were  remaining  inactive  jn  the  position  to  which  they  had  re- 

trogaded.    Col.  Miller  in  his  account  of  this  transactioii  states,  that  he  con- 

jiidcred  that  his  victory  opened  tlie  coromunjcatipn  to  the  river  Raisin  Suf- 

ikienlly  for  Iiim  to  have  proceeded?— that  on  the  evening  of  the  day  on  which 

the  battle  was  fought  (that  ip  jon  the  Sth)  he  sent  Ma|«)r  Snelling  to  ijokke 

3  report  to  me  to  inform  me  of  the  loss  of  provisions— and  to  request  that 

I  would  send  boats  or  Waggons  with  prov^ions,  and  to  take  back  the 

wounded.    He  was  also  to  request  a  reinforcement  ft)r  fccl.  ifillftr— ^hich 
.  ..  .     .• 1,  -  1..— _*_j  :jk._..iJl'u-.  «Li™  leA 

Cul.  Miliel"  on  flis  cross  cxsminauun  ssj-s  ;;=  =uijijc^-~-c^~--tir::r^r~,  "~";  

to  200  men,  •] 

Col.  ISfiller  also  states  that  Col.  M' Arthur  cattte  down  the  next  morning 
(Uiat  is  oil  the  10th)  with  8  or  9  boats,  and  brought  with  him  no  more  t)>^ 


81 


tuto  lifTelii  of  floar,  oue  barrel  of  pork,  and  half  a  barrel  of  whis- 

,    t  piit  ||Prl|N<%f  berc  the  battle  was  fought,  was  about  14  miles 
|Nlll8dlf*>UM  16  to  the  river  Raisin,  between  Maguago  and 
li  It  tw^  late  in  the  day  before  the  wounded  men  could 
'  bo|pit  iMiflMiMNi  t^ke  boatst  be  knew  that  he  could  not  get  throng  b^- 

^  lk#^aie«e«i«dg^    {mt  is  the  1 1th)  movUig  as  cautiously  as  they 

^^i|^]^t^tfQs.^^llbai4he  raeo  still  complaining  of  hunger,  he  concluded 
tb&t  fate  eoal4  seed  to  Detroit  that  evening  (that  is  the  10th)  and  ba?c 

'''{Nrtivlliiilihv'MX^  ioorniog.    That  he  aecorduigly  sent  an  express  to 

'  liBioRiM  requesting  that  I  would  send  him  two 

:  dajrit  pMldffidttai    That  no  messenger  from  me  came  to  him  until  sun* 

'*4*«ti  AeirtiffedJ^  (that  I*  the  lltii.)    That  the  messenger  informed 
!|||D  that  his  l^itJkjpa  detained  by  his  losing  bis  way.    That  this  mos. 

^  ii(!n|Br  bWOgWh^^  to  return  to  Detroit,  and  inform- 

ed biiPl  t^t  bfH  vl^inlltl  &ud  plmvi^^      the  river  Ecoid.    That  on  the 
Kanie  ^venfaig  he  to<rk  up^  nis  ntareli  far  Detroit,  ai|d  arrived  there  the 

*  ^?t  (d^y,  thelStb.  That  liis  force  was  280  regulars  and  320  militia, 
sonHs  of  theMiehi^n  militia,  a^d  come  of  the  Detroit  horse.  That 
tbe  militia  beha^^ed  well.  That  his  loss  was  17  kiiied^nd  C4  wounded. 
Sir,  It  Ims  alwayii  «kp|»eared  to  mo  most  imacconotable,  that  Colonel 
Miilef,  after  M  bad  #|pQsed  of  his  wounded  men,  on  the  lOlb,  and 
whien,  according  to  bbowH  testimony,  be  consi<iered  that  his  victory 
itad  opened  the  commuoication  to  th6  tiirer  Raisin,  did  not  proceed ; 

''  be  had  but  16  miles  to  iii^rch;  be  r^nained  in  the  position  he  had  tar 
](en,  from  th„  evening  of  the  l^tbi  wb«p  h«  bad  embarked  his  wound* 

'  edmen,  iiqtii  the  OTCnii^  ofthe  litil.  tb»t  M  21  hoi}r8,  when  be  might 
iiave  accompHshcd  bk  naarch,  as.  1|'«biDutd  tbiuk,  in  4  or  5  hours.    At 

'  the  end  of  it  be  wat  sure,  not  Ofl^  to  m^i  the  provisions  he  was  sent 
to  eseort,  bnt  a  strobg  reinfinffdlRMl  froA  tbe  detachment  under  Cap* 
tain  Brush.  He  says,  hokji»y<cri  tbat  oil  tbe  evening  of  the  10th,  he 
determined  to  bait  wbere  be  was,  and  to  wait  the  return  of  an  ex- 
press from  me,  fefcau^e  be  should  be  obligeil  to  move  with  so  much 
caution  that  be  knew  he  na«ild  not  get  through  until  the  next  night. 
^  very  extraordbiatry  Cjiution,  indeed,  must  have  been  necessary,  that 
tdnid  have  retarded,  for  so  long  &  tic^ej,  the  march  of  a  body  of  troops 
ibr  16  miles,  throHgb  ia  space,  wbicbl^fead  been  ascertained,  by  the 
rejEiM|>r't  'of  Clptiin  Maxwell,  was  a&'Ml  as  Brownstown,  at  least,  free 
froi^an  ^jkl^f-  But  if  tlie  want  of  pi>|l^isions  was  a  reason  for  not 
prodMiug  Co  tbe  HveMt^^in,  why  did  not  Colonel  Miller  push  on  to 
BrowRsiown?  Tibero  wa^  an  Indian  settlement  \viuch,  without  doubt, 
w^jft  jl^tt,  ca|)M)lQ  el  supplying  his  immediate  ivanls;  and  from 
wi^rlie^ttjdnjilthsffi^  be^  biit  a  tery  few  miles.    If  there, 

M  E<IMt41iftVg  Jfflt  but  eni&  ih^l  far  his  troops*  it  does  appear  to  mo 
thai  i^f i:^^<|iuk|  iiot  liirifr  t^^^^  enterprizc  in  undertaking 


^" 


11 


63 

the  rest  of  the  march,  which  might  have  been  12  or  14i,^9^|e|„i^iUmtit 
any  further  pror isions.  , 5 ,^j  ^['^^ ^ ,^  . 

It  did  appear  to  me  nqt  less  extraordinary,  that  when  Coienel  JKDIlar 
advised  me  that  when  be  had  gained  to  decisive  a  victoi^,  that  iMr  cmi- 
sidered  his  road  to  the  river  Rai«!iu  as  opened;  and  thft^|M^|M^^^fK- 
certained  that  tiiepe  was  no  enemy  between  him  and  Bifiyqi§|ij^N^|^ 
that  be  should,  at  the  same  time,  have  made  a  demaiid„C«|  IM  #r  ik^fffK^ 
i^rcement  of  1^  or  200  men,  when,  after  bis  frnttif  j  fwi  Jdnj^  ii|B,j|RltT, 
tive  men,  380  of  whom  were  of  bis  own  regiment,  and  wii^i^ialqifil  ^ 
whole  force  of  that  description  which  I  had  a^der  iiy,.noi||i.Biplwl''    < 

Let  me  here  remark,  if  so  great  a  force,  tint  |p  fap;«j|i||i«ltt«ep!^#- 
Tcn  and  eight  hundred  men,  were  necessarj  tqi  fMiie^^i|iii^i,i«^^  j^^^^^ 
river  Raisin,  »vhat  proportion  of  my  troops  mv0''im^  ^i$VH.9^^Vf,, 
not  only  to  keep  open  the  commanic«|i|»;|^^|it  ^llace,  ,|Mt  t* 
guard  the  line  all  the  way  to  the  state  of^i^C^p^)  r  -f  .  ^ 

But  It  is  not  my  business  to  ezaroinf  Jlt><^i«^  i^  Colonel  ftglle^ 
farther  than  to  shew  that  whenIdi»8«|«5li!d|iim#.tHh8ft 
tachment,  with  rations  for  two  ^«,^|  j^ad  miMJ«  evei?  {trofisioiB 
which  I  had  any  reason  to  think  fail  ex^neies  would  ret|ifii¥. ,  iWlwn* 
however,  I  received  his  demand  lor  pratVjsiQOi,  I  tocde  :efiery^i9e«ai|« 
that  the  duty  of  my  8Ution\i>aqitir8d  to  sH^pIy.Ji^n^  fk>eiwl|^'#-' 
thur  was  charged  with  this  service,  «nd  Irb^  to  pntsent  -to  tjb^  90W«lt 
his  account  of  the  manner  in  w^iifli  JiepereMli)  itli^  *t;Qn  (jb^^ajT 
^'  we  crossed  from  Caqada,''  sayft,€k»lpiieraJNl«tfeji^  *^.lbat{is.Uie  ,8||i 
"  of  August,  Colonel  Miliar  Mw>  W9t  with  t,4iet«riini^  %  Oic^  p;^^^. 
^'  pose  as  was  stated,  of  opeiyi^«coi|pmiud9&Ml»n!With  the  rJKv^^Baa^ 
♦tThe  night  succeeding  Colonel  lfilier'8>bat«(e«til||pagdi,^ 
♦'  the  9th)  the  general  sent  fi>r  am  jtHe  Qight,  was  «et«  :ji«Mll»fbBmedi 
''  me  of  the  battle,  and  diieeted  me  to  take  100  of  my  regiment  to 
"  take  the  boats  along  iae  riter,  ««id  t<«hdescepd' to  Colonfl  Miller's 
^'  encampment,  for  the  purpose  of  brifigfaii|^0p  tl^  troBJided  n^iBn;-Mm 
•^  directed  me  to  get  one  dajf»$  {Hovision  for  Colonel  Mille?<8  detach- 
"ment.  I  called  at  the  coramissaiiy^s  and  wf%4etiiBed  th|Bi«  3,^  4 
"  hours  in  getting  it— I  got  wM- 1  DoaWi 

It  has  been  my  misfortune,  sir,  that  I  have  not  been  able  to  obtain 
the  testimony  of  Mr.  Beard,  tl^fiiiagpifisw^..  M9  bts  been  regulwly 
summoned  by  the  judge  advo^,  atmy  request,  iMu}  I  Mve  iH»eml 
times  written  to  him,  but  IM^-  hai(  not  jm^,  hi»  ;app(»|ranee.v^  flUift 
judge  advocate,  however,  wit||  h^  wonM  cMidoar,  ]i|w«dmiMid» 
document  which,  in  some  measure*  wpiiliiis^^tMs  te«l|^(^ 
order  which  I  issued  to  thec«4itraetor*OB4fi#.JU>of^A«»lrt^^ 
iivering  rations  to  Colonel  M'Aethar  for  Cole^i^lffiller^i  deit^OwMt. 
The  receipt  of  which  order  is  aekaowledged  by  tiu,^  j»o^ty»'tOri.  i«  « 
fopy  thereof,  which  is  in  the  foitowjipigii^^,;, 


i-SVTf- 


•  ^,^'  »o>;w»yy  « 


•trn'trfmy*'  ♦wj|i-«-,»i« 


:C  »^  V  io*} 


83 

•^ittifivd^tUlant  of  pork,  and  twelve  hnivlred  rations  of  whiskey,  to 
"  be  seat  to  the  detachment  under  the  command  of  Colonel  Miller. 

"  By  order  of  Brigadier  General  Hull, 
'*       '     *  "  H.  H.  HICKMAAT,  Captain  Infantry." 

^  ^II^IK  18(2;  (Correct  copy.) 

•=^W,;*«tt  iipeftrs  that  General  M'Artlmr  knew  that  oHe  purpose 

oFlitt4|%  iliilf^C^nel  Miller's  detachment  was  to  carry  prorisions. 

®» ii^i<tfmNi6nii'Mm  to  take  one  day's  provision  for  Colonel  Miller's 

mftt^'flatt  fte'Vrir  d<itAined  by  the  contractor  3  or  4  hours,  and  took 

**8sifif«»tll*  fetj  iu»»lt  appears  that  he  arrived  at  Colonel  Miller's 

'y»*»tf^^;^to^ift#  ^d  barrels  of  flouri  one  barrel  of  pork,  and 

MHtf!«t«liin^<if  Mtt^iiT^i*  Wlien  I  had  given  the  order  to  Colonel 

If <iiti>ar  ^fktb  Hi  |«^riitiew  \  when  I  had  issued  the  order  to  the 

pn^r  officer  tolssue  timil^d  faUi.  had  I  not  done  etery  thing  that 

v#ai'ttlc«BlbiMroil^^  was  it  my  duty  to  go  to 

t«te  oMnniiRary'i  utovr/y^lif  to|M<Hntend  the  issues  ?  If  Colonel  M'Ar- 

tiittrfiNMid  the<!6mniislii3^4i^b«^t  to  my  order  and  unduly  detaining 

Wm*  why  did  fcettotwportti*  nil  ?^w  will  Colonel  M'Arthur  excuse 

bfahavlBf  itej^irt^  oo  ttltM»>«i#(r#ithoat  having  with  him  the  quin- 

tity^prtfvisioiis  t  Hid  ordHredf  It  It  tofficient  for  him  to  say  he  tdok 

wKat  h^  oeold  get  t  IftfittrB  w«i  ftiqr  deficiency  he  ought  to  have  in- 

ibnufe#iii^'dr  iti    He  rovM  ha^  lli^'  communication  witii  me  in  five 

iiihutei.   If  Want  df  provlrieiK  was  tii«  Ntasoo  why  the  American  blood, 

thilwtk  dpillMliietbe  batttooT  pimmiUfh,  was  shed  ih  vain,  I  again 

aiiki#«8itlliM^lkioil|^fmJb8«t»obi^  On  the  10th  of 

AugiiBtf  isiiMdinMitlMHPoid^for^p^  Colonel  Miller's  detach- 

iBeAt«^his  has  also  beeo  read  and  i#la  m  ibilowing  words-^  '* 

-'      '*  '  '     -       "DWroit,  August  10,  1812. 

>*^'He*«Mrtlw5tor  #flllniieii>r  €k>li>iel  Miller's  detachment,  (wa 

«*taH>asaiid  complete  ratlMis. 

;  T  ,=  ^•A.^llULL,aldi decamp.'* 

Tiles')  prorUons  #e»  sent  byijie'eoiiti^ctor  toColoftel  Miller's  de- 
tachment.  Colaeel  Miller, mettbttol air Ifib return  and  brought  them 
ba<ikwitlibi«i. 

^' An^MHWife^ef  tfce  same  i»fai«  with  tkt  which  I  last  Considered  ii\ 
ftoat t  idM  «Mttf  4  to  supply  with  jp^rotMens  the  detachment  whioii  left 
Veiioittwivtiik^  j4tii  of  August^  uiider  Coloheh  M'Arthur  and  Cass. 
GcMMd'ft^Aaithar^  teitlitioiiy  oa  this  subject  Is  as  follows.  ••  Tl)at  on 
«^  tkt^th'of^iiiifHt,  ibMttlMM^  M  h0  tt^ght,  I  sent  for  iiim  and  ift- 
*^^»mm^mii^ak  rihdpt  «*afed  fefelfigence  from  Ciptain  Bruslr 
'<«iw^  fa»  iMd  arrltiid  it  tli«^  aiVei*  JRaisin  with  provljsjons,  and 
^  itid'y  WttBgd^lCTdlwt iPftticfcaieot  to  meet  him-thU  be  Fepfi- 
"edhemuEeady  to  obej^  m^,  «rdl6l'.  CoJonel  Cass  said  the  same 
••Iiai|iii4«ii^«^^  then  rf turned  to  ^ 

••  <nnip,  aad  shortly  after  received  an  order  to  detach  J.W  mon  from 


"  each  of  their  regiments.    That  in  the  evening  I  came ; 


8t 

"  ed  if  they  were  ready  to/marcH.    The  witnesses:  axik^hr^^  tlwf  y^  " 
"  were  not— but  as  usual  had  not  a  bite  of  any  thinj'  id'feai. '#bitiii    ' 
"  said  the  detacfatncnt  must  not  be  delayed — and  thiit  I  w^liiM  {sehd^ 
••  proTisipu  after  them."  The  witness  then  gives  an  kccirant  §f  flfc'p^  ■  ■' 
cecdings  of  the  detachment  'till  its  return  to  DctroiJt->ilii<i  ^ta^^'tii)it'- 
tbey  never  received  Any  provisions  from  the  tort.        ■ ;    J  *    ■;    -    iii!;", 
1  cannot  but  think  that  this  account  of  Genenil Jiil^i|iHllir*&  1^^^  - 
duct,  though  given  by  himself,  will  excite  the  sui^ri$(B'(&{^'^ii'cdart.  '"  ' 
He  was  ordered  to  march  a  detachment  ataboiit  i2o*iefi>ii;E'^]|^e4^  ' ' 
not  move  'till  evening,  and  then  I  find  that  helias  nbt  ^ieyMtbii^iib^.'  • 
He  gives  me  to  understand  that  he  has  bneh  w^itth|^  |^r|ffii^l.^' 'tf' ' 
th^re  was  no  order  for  provisions,  why  did  lie  ^dii^pl^WtHiei^  t&6  VoW  ' 
ject?  But  there  was  one,  and  1  think  Genei^f  #'j!f[ril^WVsitc8l^^ 
it.    When  he  sees  mc  he  doc^  not  complttiiiiiifldie  wafit  bf  lui  oHder,  iMt ' ' 
that  be  cannot  get  the  provisions.   If  tBeri^%|llin' b^i',  and  th<i  pk^pe^ 
olEcer  did  not  obey  it,  why  was  not  thl)<iisQb<i^l«n{r6  t^epoit^d  tb  toe  f  Ift-  ' 
stead  of  pursuing  so  obvious  a  course,  (^Idhetlll^lLrthur  chose  rather  Itf^ 
remain  in  his  camp  5  or  6  hdnrs.  Ai^1if|had  botstcCi^eiltaily  aiietii^itb 
him,  how  much  longer  he  would  :ha^f)  considered  his  delay  wkir^ed^y^ 
the  same  cause,  it  is  imposs/ble^o  say.  '  lit  does  apjiear  tbihe  tlkt  thH 
conduct  oftJeneral  M'Arthur  ^fciy^unaccoJiintabie.    i*(}riaiis  li'r'*^*' 
no  inclination  for  the  service  he  Maqlieeii  ofdei^il  ho  perform,  o,*  ft'4A«^''^^ 
be,  that  he  thought  that  by  the  di^ay,  or  by  ^joba^  Without  provisiohi 
he  wotfid  bring  blame  on  me.    Thfe  behaviour  bf  Gerteral  M*AH;htir6pi 
on  these  two  occasions,  that  isj^«»  idyj  iii  respect  to  tie  prof^icAts  wWiCh 
he  was  tbtt^ke  for  Colonel  M][iler|  and  fo  rcspksct  tb'^^  ^r^is 

own  detachment,  it  appears  *fb  nie  niMifests  very  irtroiigJ)^  thki'  thifti% 
was  some  hidden  motive  for^ji^  cot|di]|ct«-and  in  tMili&t  ihstan^^  there 
is  a  mystery  which  I  am  suj^  k  not  (^xpliifbed  by  any  thing  he  hi^  Said. 
It  never  can  be  believed  that  be  waited  so^at^'ftbors  sblely  for  thb  pnr> 
po^eof  obtaining  ^i;  order  for  provisions  ;  or  if  he  had  an  order,  that 
bis  delay  was  merely  forthepurppi^eofhsivingltekectffed;  If  fats  on- 
ly object  had  been  to  i>roc»fis  piro^isfons,  tiie  raeani  6if  ifc^ihf  sir'hy-taii' 
application  to  me  were  so  obvious  and  direct  that  he  ctmN  n6f  hav^ 
hesitated  to  pursue  it.  But  if  the  court  wHl  recolteet  tha't  at  this 
timbtlie  conspiracy  had  been  formed  to  take  the  comnfaJUl  IVom  rtie; 
and' that  General  Cass  in  hi^^ietter  to  tbe  gbvcrfattieift  ^is  tftilted'tlbat 
the  execution  of  it  was  oniy  prevented  by  his  aOftd  6eiieraI*M*Art1iur'» 

'^tnvAictof 

ptet  inn** 

pot  it  in  practi 

If  Geheral  M'Arthor  was  ort  his  trial  for  rnisctjndii'cf  fitt'rd*aB*i  to 

th^se  transabtions  I  am  persuadei^jtluit,kis  testimony  du|$t  rit^ficf'td 

convict  him  than  mc.  '"        ''  '  '»:■.,<,■ 

"But  I  did  take  measures  for  supplying  the  delSbhibGtitid&U^tb^'JM^ 


ine  execuiiou  oi  ii  was  oniy  prevcnteo  oy  nis  ana  uenerarin 
having  heeb'scnt  ba  this  detachment,  it  raav  aecomiibfot-the't 
thesi^'bfllcers.  Tiie  delay  wa-i  jjo^siiily  to  ^ttfiie*  tlicir  pfi 
pot  it  in  practice.  '       '        ' '''     '"'     *'' 


85 

ceniilf  ffpvillipis^^r  iuiormation  from  Captain  Binlsh  was  tliat  he 
wOoI4)  tM*  90 ^.  ii^lUich  with  tlie  provisions  under  his  escort,  with  the 
expeclptloo  f  f  pjKiJsMQg  ^  detachment  fi-nm  Detroit  for  his  supports 

Hpffpt^^  to  m'e.that  not  a  moment  ought  to  be  lost  in  sending  a 
force  iW,:f^^l|iRlr  ^n<^  when  I  found  that  General  M' Arthur  l)ad  delay- 
ed ta/tibeletltit  ^nij  .enters  for  so  many  hours,  I  determined  that  tlie  de- 
pkrfnreof  the  deiaebment  should  be  no  longer  postponed — I  therefore 
ord<Sfiefl.H  lii^>i^|il^j;l(nd  determined  to  send  prorisions  after  it  on  pack 
hotves. ,  ^.imsCMldiftely  gRve  the  necessary  orders  to  the  acting  commissa- 
ry iji^i^l  fofiJbpbt  purpose.  This  is  proved  by  the  testimony  of  Gene- 
ral^i^Jw.'  B4»$Mt.tIiatonthe  Hthof  Angust  I  didgive  him  an  order 
to  f|iram%tM|c^  64^  to   ' 

th^^fetiyfr  %|i}|i  uiider  Golqnels  M' Arthur  and  Cass ;  that  he  did  not 
knR«r/,t^  tb|^|iii^V'ii^kH)smbr«  sent,  but  the  pack-horses  were  furnished 
for.i^e  mo^posd,;  lut^  he  1^^  provisions  were  sent.    That  I 

gareajyi  tlfftiiieeessM^ er^r?  ^^sending  them  is  certain :  and  if  my  or- 
deKf^wcji^  pot  eonipiied  ivitb,  I  do  not  think  that  I  am  the  person  that 
ought  to  bo  «;alledJO''H''®?®'!  ?<"*  H  ^*  never  can  be  expected  that  a 
comn^Uidtlig  PfBg^f,  should  not  ooiy  give  orders,  but  tliat  he  should  attend 
to  tJ^  el^fMSltJQn  qf  tiuB  details.  There  was,  as  Mr.  Watson  has  testified, 
a  waatof  system  to  every  departmeiiit  of  the  army,  which  it  was  impos- 
<!iblei^i^  Q^e  to  remedy :.  because  t^  beads  of  them  were  totally  inex- 
psf^eoo^d.  However  tbO/fact  is,  that  the  provisions  in  this  case  were 
sent^  .iSat  as  the  (letachlit^t,  pursaaut  to  my  orders,  took  an  unusual 
ai)4^9l|[$HMprf!  rmd,  the  g»i|d^»9  I  bare  f heard,  misled  the  provisions, 
and  thipy  were  luit  heard  Wh^fiiro  tW  sttBKnder. 

Iq  ^h0  7t^spec^teati^,  uMer  the  cfaargB  of  un-officer-like  conduct,  is 
assetiihied  a  variety  of  accusaUftus.  The  first  is  a  little  incongruous  i» 
its  l^^gB^n^-  it  isstated  t^^  tlie  enemy  having  erected  batteries  oppo- 
site to  tlotroit— 1  was  troiii  tiie  llth  day  of  August  to  and  including  the 
leUi  day,  of  the  same  mwtfc,  goilj^of  a  neglect  of  duty  in  not  prevejit- 
iql  the  eaeiny  irom  eroetfaig  the  s^  batteries.  It  would  be  an  answer 
tc  tjiisi  diarge  to  say  that  I  could  liot  have  prevented  the  erection  of 
batteries  wfakfa  it  Is  stated  were  ahtady  in  existence.  But  though  I 
think  tb«l^  are  many  fncohglraities  of  the  .same  nature  in  the  specifica- 
tions; I  bare  Qot  attempted  to  avaU  inyseif  of  them,  and  shall  no  fur- 
ther DflfiM  this.  , 

1^  Court  sraiphserre  that  this  accnsationis  connected  with  and  in- 
jee4#atlrely  rests  upon  .  previous  allegation,  that  I  well  knew  Jhat 
tjbe^e.^l^tterios  were  erected  by  the  enemy  with  an  intention  to  annoy 
j^tlfllti  fi^  witfc  a  ac*%n  to  ihcililate  the  uivasiou  of  the  Michigan 
territory,  'i'he  fact  is  that  I  had  va  such  knowledge ;  I  had  a  firm 
pjOrVoasiqQ  t^i  the  ^einy  would  Uot  invade  our  territory.  I  did  be- 
liere  that  ihd  w^  on  their  part  would  be  entirely  a  defensive  war, 
and  that  tbeselratieries  were  whly  uil«5ii«1<sU  fbi'  the  uefenee  of  their  cnvn 
s]»^*^l«do>it|  «^»tti«t  my  opinions  in  this  respect  subsequent  events 


«6 

have  proved,  were  entlroly  erroneous.  But  I  caooot  b«iltest  tMi««;n^ 
t«ke  in  opJiiioQ  or  Judgment  b  to  be  punished  as  »^^4i.,gPhliiiwil4 
be  less  a  defence  to  ao  accusation  of  this  nature,  wa»dMt.Hw,ijHMi«*«i 
connected  as  I  have  loeutioued  with  the  allcgatioi%^| I  iuii»32Jy[, 
enemy  intended  to  employ  their  batteries :  the  que«U«D  mistiM  fint 
Ti^A  "'^  *  ;.'»'^^'"«»^'««^S«  ?  There  is  not  a  pVt^lf^^mM^mmilmt, 
I  aad— and  it  this  <^ues^ton  must  be  answered  in  t^Mntim.  tjMAM^l 
|jU.»a.  ™t  n.pp,rted.    ft.. .  4,  „t  ™,  UO.  m-Mu^HuSmZ 

That  the  enemy  did  erect  batteries  opposifn  *»  I||||jPDtti,«ad,ttat  1 

TrL     B*t  a  deTire^^^^  «»fll*fl«**i|»**Mi^ 

pal  «,«K,n  for  this  couducrrr^TSSS^^  teS^ 

po^es  that  It  wou  d  not  have  l^U^m9mPm  ^mi  ^^V.W^McZ 
nienced  and  continued  firing.  Ifhp  %^l^|tio«X  s^,  ^^4, 
have  lasted  more  than  t»y<^d?i^.6.,  ,^  ,   .  ^^ 

Captahi  Bacon  testifies  tl^^nW^moriiiv^rWi^^ 
ny  my  orders  the  magazine  a|^^ld  .ftid|Hit.pi«»^  i>^S4ibT^^ 
ges  and  Urn  he  reported  to  ,^,^tr|»*ey,We^,,|«ev^^^ 

impre^ed  with  the  nec^ssitjr^f^^^^^^e.^^^^^JJ^'JJJ  J^; 
as  well  as  the  cxpeotatio,.  tlM4,|»^  c^e.^^  didn^M^^slJi^^^ 

of  the  enemy  which  made  lUmm»n,m  m  tli^mh  «f  A«Ut  atS^ 

r^tedby  me  togo,toCaptMtt|^oBatth^.^S:ry  wln^Meon^. 

and  that  he  must  not  fire,  but  ^heii  t^e,w«  ^  p«,spe»?ofWrSr 
cxecu  ion     Another  of  the  acp«Wions^Wchar«  ImZJ^m^ 
cifica  .on  s  that  I  omltted.to  fortify .^prim^Welh.    iX^W 
«^U  might  iu,t  as  well  have  l,,ep  al^^,^^ 
any  other  positio J  in  the  River Detrott*  wu^.. 

If  it  had  been  tort  fied  the  enemy  would  not  probably  have^SS 
as  their  place  of  debarkation,  .Almost  W  « W^WVwiiwrS^ 

a  landing.    Tins  specificatioi?  yt^aaccuseamiL  nf:  lti^w«.>^.^^^  , 
»Doy  the  enemy  alter  He  i^h^M^^Sp^U^^ 


St 
tiMcwMrtt  to  thte  ipecifieaUon  it  embraced  in  the  defence  I  have  made 

'ihlmA>mmipte^tioni  forattacktoj;  the  troops  were  dra^rn  out 

**^^*^''*y'^  •*"•« '  •»"'  ^'»ro  U»«  enemy  came  up,  I  detor- 
ItthMd'^t^JUUtOianr. '  My  reasons  for  this  measure  I  have  already  ci- 
l^iiri»ad^^ll  lot  rtrpeat  them.  I  will  only  beg  you  to  observe  that 
^**"**™  **•**'•**«*  have  not  been  suggested  merely  for  the  prc- 
mii-9mimimf*^ii^i'Maimn  testifies  that  he  saw  me  the  day  after 
the  nunBder*  that  I  told  him  I  expected  to  be  censured  for  what  I 
«M^*rtif*4BiNild/  -I  J«Te  done  what  under  all  circumstances  was 
*♦*»«*  I»#<*NM*i  *ft*<fr  tored  Detroit  and  the  territory  fh>m  the 

^^^i^^umi^k^hkf\ii^  the  surrender  in  an^m^ifficer-Iike 

wmme-f^hmriagVI^Whetaib''^  articles  ot  capitulation  were  si»n- 
•ii-te^iweil^fclltttBg  m0iMmnofyf»T,  or  for  the  friendly  inhali- 
ttliir<ifC^ildi%««  fiatft^^i^  from  „8.  Before  I  make  ob- 
sifviiliuis  «i»  tliisiabjeel4  he^i^e  to  present  to  the  court  collected- 

MiJM^^IUltl  tektiiie«  ia  siiteti^^  Uiat  immediately  aiTter  the  second 
«k8t  #Miih  dld^jteeutioir  ifr^fid^,  ,ras  fired.  Captain  Hull  was  sent 
across  the  rirer  with  a  fli^g.  and  that  h«  {H^m  Snelling)  was  sent  to  w- 
dtrCoioi»«l>|rfa^^«io^  fijffc  The  witness  having  performed  this 
dntfVineot  «»«<!•  •filNilaitei^.  White  there  a  British  officer  with 
a  flfc|  cin«e  t(k6ii<|tfire#lnt  was  tile  nu^auHtg  of  sending  the  flag  across 
tte  tim^'When  e^lal  BrOirk  was  dn  tHo  American  side.  Lieutenant 
niM  tMnWMt^ltiirtfte  ihibrmattoD  to  me,  and  returned  wiyi  a  seal- 
odJ^i-r  M(A  ordentbtti  M  the  «vit|iess  should  cany  it  to  General 
DWEkv^i  1%sA4be  wftnostr  met  General  Brock  at  the  head  of  his  troops 
aboKK  thro^iiwrteK  lif  «  mUefrom  the  fort,  where  they  were  not  in 
8i|^t>fh»nitb«  fort. 

<eiie  witoesi  httrtog  deliter^d  ihtflettbr  of  which  he  was  the  bearer. 
Geaeral' Brock  asked  the  witikjs*^  A«  fcat  authorised  to  agree  4m  terms  ? 
Thb  witness  «ftid  iiot-«>Geiimf  Broek  m^  asked  two  of  his  officers  to 
go  sritli  the  witness  to  tHi  fort.  As  tlife:^4pproachefl  the  fort  they 
^mnmethy  scioe  pMwiii  wta»  cmidaeted  them  to  a  tent  which  had 
b^ensereeted  bjr  my  orders,  wli^  they  were  met  by  Colonels  J»liller 
aiiitBw^e«inm!i!MiOMi«>p{N^itftdbyme,and  the  capitulation  was 
thflWH^^ed  ^  the  eomniifiionien.  The  contents  of  the  note  the  wit- 
new  s^^  i^ei4^  lib  inore  than  tbiese  words— "Sir,  I  agree  to  surrender 
the  town  and  fort  of  Detroit"— He  wmid  itot  undertake  to  say  that  the 
w««IW|»|»wiir«re'1teii1iateM^  but  he  believed 

Mg>g^att<IMag  fiirthe#  eeytilkirtbat  before  the  capitnlation  was  sign- 
ediWisi««^fe^eif  :^inar^  w«th  Colonel  Findler 

««.  w^^^apiiem  oiacers,  IJpJearM'lipnald  and  Captain  Clegg,  who 
ffum^trmm^ui  fnw<jfu^e.  "The  w^feclsr  safd  Ijc  did  not  ret-ollcct  that 


88 

f  took  any  part  in  drawins  up  the  capitulation.  Tli§t.%4|i|^i(||^^jEii 
number  of  our  offlcors  who  were  collected  about  tho^M||^|||H»|M|Bd  aa^K 
the  rest  the  witness.  ^,  ^  .  1.  ,  *  ..'^ 

In  a  subsequent  part  of  his  examination  lie  f»|i|4^,|l9^^  te^. 
pitulation  was  signed,  CoiOnel  FindleyV  regiraoiitf«| JDtff^$if ^ 
Ibrt  which  waK  very  much  crowded.  ,  , 

Captain  M'Cormick  teitif5c8  tliat  after  Colpa^flo<l|ff'|.i| 
bad  been  ordered  into  the  furt,  he  met  Catond  fji^^^iuy^t 
into  the  fort.    That  they  there  saw  nie*    T|ii||'|,j»q|W 
Fhidlcy  to  Join  Colonel  Miller  to  treat  vitJhi  thpt^ifo^^x 
we  could  get  better  terms  than  wo  sfaopldJE my ^|Bjutf^f( 
tempted  to  storm  the  fort.    Captaiu  M^pttki,  l4il|ir'  ^|<w«>»,Hit>« 
as  he  went  out  of  the  fort,  he  saw  Uie^itfa'tfy^^jj^^ioS^j)^^ 
aid  and  Captain  Clegg  coming  towa^.||^|;q^.  .j8|^i^'m^ 
improper  they  should  be  permitt«4^jli^M^      i|R|i^jwmt  l^\h» 
teat.    Shortly  after  the  Britit|j|i|S|^|«^^i^ Jtfijfe,.  ^^ 
nel  Brush  came  into  the  fort  and  were  Uier«  togetlier  ia^ft^^gm'' 
ters,  where  as  he  supposes  the*9i|jttjaatioa,irMst|gaed,^   TJw  W!l|!ipieM 
further  testifies  that  before thi^jwwlit^f bwii  Uie  timg  MjeBriMsIj  pflS- 
cers  and  Colonels  Miller  aod  %a!M»we^4l"U)0^foo*^B  qiur^^ 
ly  all  the  troops  were  au|i^^|^ii)|o  the  fort,    jfo  jUil  pnas-e^raminatl^i 
Captain M^Cormick  says tt  iniglitluire  beeo  Ub ^9|||^J^an%|<|r. 
or  more,  after  the  firiii^c«iMe4.  b^fpfi9,t^  troojM  Wf^eiQid^lr^^^^ 
into  the  fort.    That  UianriiUiQps ,  <|j<|  oot  ooena  jjjtMhe  fort.tiil  h^?  aa 
hour  after  the  firing  had  Cfi^k, ,  ^j^;  YMHi^ifet^s^jie^ti^f^^ 
moraiog  of  the  16tU  Ca^^  Jnj|,^8j|^  to,t^  t«^  j^CoIoifel  llnMy 
in  which  the  witness  Ustt  q^Hf-eredi  a^  jgfSQtj^^  ||it 

it  was  my  orders  that  ^  ligli^liept  J^ld  (^qto  tfli  j«d  fo^m  ^o'  tht 
south  W3st  of  the  fort,     ..^.  /  ,     ,  . 

The  witness  then  descdli^s,  t|lf>  ^tuaUoa  of  Colooei  ji'lndjey^s  'r^l- 
inent  in  the  line,  and  tiieiuaiiner  in  wjbiipb  t|ie  whole  liae  w^s  fumkd. 
He  then  further  testifies,tt|AjalW  tjl<e  litfe,  was  fiinwed,  ^n^  i|bour  iib 
hour  or  half  an  hour  before  the  flag  was  l^^jstcd,  t  came  to  the  libe. 
That  this  was  duruig  the  <^iuMjii»de.  .flrjifeji  offieere  Vore  'thi»  reen 
passing  to  and  from  the  lodkus.  Thai  I  nppfmi  satisfied  with  the 
posiUons  of  the  tn>ops.  That  the  witiMfs  said  to%Be,wcVs|iM  be  tble 
to  give  a  good  account  of  jthiDiji,  About  ||i«  time  thjB  fi»iM  ifcased  wit- 
ness turned  round  and  laTf:  ^  flag  hollted  ift1tijej>rt— »^  at  aboutbe 
same  time  Captain  Snelliog^cMie  wJthWdets.  &vm\pt  t4^)^[^ 
ley  to  march  his  regin^nt  iDtcn^jk! fort;  wi^  8^  tij%|UJ»^«^ 

tipns  that  as  the  flag  w5«o^t  it  should  pqt^bctldlatet^      r  f 

The  witness  further  testifies  ^hat  t  reaialoeij  at"^  fSe  t^ft^^ 

the  troops  about  three,  or^  it^^iig^  bavfl  bWn^f  jitofttwt  ^fjat 
Colonel  Findley  expressed  ?iissJ|^^^  Sfit^4i:^r  p 
it  mm'  be  oLeyeu,  and  tl'rectcd  &»w|U»bm  td*v4w^^^w^ 


88 

«pAl  lliMl  bri  which  he  did,  but  iiaUed  near  the  fort  soias  mhiut«s. 

"Ynt^piii^  w'ttMfched  hit  men  hito  the  fort  and  there  utaeiced  tlieir 

ijiit.  '^VlitllfMlel'Findley  dhl  not  come  until  tome  time  afterwardi. 

'fke  uritoMU  Awther  teitifiei  ibat  when  he  got  into  the  fort  he  lair 

MM.  t^iw^^^c^^  that  I  was  there  when  he  entered.    That  some 

fMltelaiiNii%ttMsa  had  been  in  the  fort  1  addretaed  him  and  several 

leen  at  the  same  time,  and  inTited  them  hito  the  num  of  one 

jfeen^    'nit  ItoM  them  I  had  mrreudered  the  fort  and  was 

"^'jzife***'*'  ***  J^"'*"''    'J***  '  Mked  If  thej  thought  of  any  thing  as 

ii^'^^^  J;i*i»<»W  be  f  hd  to  know  what  it  was.    That  the  witness 

'mwt'^:1iitii:^.  raom.    That  when  he  first  saw  me  I  was  on  the 

,  1^  |B^|^.lftla4M  ot  the  Tooms.    That  some  time  after  this  Colonel 

jH^^Md  aMJiCa^t^  €1^  rode  up,  came  into  the  fort«  and  went  in- 

Mf^^  MiUl'wIiiR^  I  wiic.    That  the  witness  does  not  know  whether  I 

'W:f^9^  tl*'¥^  tfeiiittfqaee  before  the  British  clieers  came  in. 

Thai  Mr  wbofe  Itne,  it  Hcf  b^tttvei,  had  marched  into  the  fort  and 

atiek^il  tketr  amiu.    TMit  tkb  had  iaken  place  before  the  British  ef- 

ie^Ti  feSkMie'ih^'         ■    ■ 

It^jor  iessup  testiflm  thithe  lad  observed  oar  troops  retreating,  and 

»w  the  fttg  fljing.    Jie'aUit  OtUmti  Phidief  who  requested  hUn  to 

nae^O#i^^^  of  the  retreat.    That  te 

wttSl  tee  la  the  fait  and  thought  om^'^mt  nmeh  frightened.    That  af- 

i^f  f  ^^^^^^^^^  ^***>  «»«'  of  whtehhe^  has  repeated  his  own  gallant 

*^^^^^'>  tiotiiiiibrtiiilately  camwt  riodllect  i^hat  I  said,  he  wentoat 

>id  iiwtCohMMt  FJi^^,  ahd  said  to  him  all  was  lost.    That  when  be 

>^  me'mt  tiie  Um^  tiMtAraki  of  capltolMion  had  been  agreeil  ap' 

efi,  that  be  met  ine  ill  a  f^tUitt  iMnriB'Cajj^lB  O/son's  quarters.  That 

'.jT' wtM'thenli^rfectly  odinpdaedf  -  ^'r    <  - 

#e  fl^  reiaies  a  coBversattsa  WlttlBM  which  concluded  with  a  re* 
quest  that  h?  would  continue  to  aet  fas  Ms  tUtioo  'till  the  troops  were 
'  i^^nch«dr«at  of  the  fort.  That  iw  eiiMnented  to  this  and  received  from 
me  or  one  of  my  aids  a  coi^  of  tbe  oipltahttiott,  which  I  directed  him 
tonuui  to  the  troops,  and,  tbatlMiilitfalt  when  the  troops  were  much- 
ed  Qut  at  abont  12o*«bek. 

The  watncMc  further  stit^  tlu^  he  thinks  a  detachment  of  the  enemy 
came  |at^  it&e  fiH:^  Muri  the  artieles  oT  capitulation  were  sipied. 
But  that  he  is  net  i^rjbdB  wb«th«r  the  enimy*«  troops  marched  to  be- 
jfore  the  iibeticsaa  ttdopt  marched  out— but  knows  that  «he  AiherieaB 
t|!^  dia  ji6t  m»r«b  Mt  'fin  i^ertis  capitulation  was  signed.  Cap- 
tain fioritHi  testifi^  that  kt)  kaew'wiiigrtbe  eapitulation  was  agreed  up- 
on. tli4f  fii^  tkme  lb  CaptiO^yiim's  qnartem  where  he  saw  me, 
^*!*!^.  ftwltv^  t|lrol9r  ffir^e  That  they  were  wri- 

mi  aig^iplarhtgflM)  irtielos  of  capltulatlim.    That  be  heard  remarks 
3|fW«&AiMhim^i^^  of  capitulation  were  not 

agra(^^|kH9r^  '^  the  American  troops 

weiw  thii  toW  fofti^blt  tbere  wire  a        tune  160  British  troop 

12 


( I 


itaading  with  adraueed  anoR  ia  the  fort.  Tlia  enemv  wc««  «fr«.  .i^> 
thto  time  placing  guards  in  and  about  the  fort.  Tk^  ifmS^^ 
he  suppose!  tliat  tiie  articles  were  not  at  this  UmeJprtlr^igJIlSm; 
was  that  he  r^-r  General  Brock  wi*h  •  p«per  Avm  whkf  jhTSiJZ 
two  or  three  lines,  which,  as  he  Mndemtood.  r^tSTia  Om^mS^ 
troops  retoming  home,  which  General  Brock:«ai<|  W  wwiidMiip^ii^, 
That  at  about  this  time  he  saw  one  a  the  Britisb  oi|hwr»  '«#tin^ 
Bctore  this  he  had  seen  the  British  officers  and  AnerkaQ  OipBia  iuUbe 
marquee,  and  that  I  also  had  Dx,en  there.  ,     '  7'  , 

That  it  was  about  three  quarters  o!  m  boqr  aftiW  biB  <w  iift  IM^ 
officers  going  with  me  to  the  marquM  before. h^l»w^.Ui»,JES 
offleer.  in  Dyson',  quarters.  On  hi.  en^pi^e^^pip^ittS;^^^^^ 
Major  Jessup  says-when  the  term.  aC  tlw,  «»^»^»^,,^,^^ 
•lag  the  American  troops  were  crpi^W  IiiiI,^^i»r«3liatt^«M^^ 
der~and  the  enemy  were  permitted  tonppwi^*,^a«tl|.jli«t^ 
beabletotako  possession  of  tlie  battej|ea»;?.   fj   < .,  .^ 

Captain  Puller  testifies  that  mm  NNf  ths^^littiilibf  ww  i»riitod'|«a 
went  to  the  fort  and  there  u>«tqam>)  J^'l>W»ilM  an*  MfiJor  Ch«. 
That  I  was  standing  near  the  fate,  .Oi^jBr  M»  «Bl^)dioffloert«.w!» 
me  that  they  were  sent  by  Geii«^|,BrMk,  ia  Mnsegueoce  of  MjeiOK  a 
white  flag  liojsted,  to  reoelvenoj^  jMQRMQieatloiM.  ,     , 

That  I  replied  I  sbonW  pi^wtep„.Md  deslps^  tJwu^^lo.fo  to  :tih« 
marquee,  whore  I  would  go  <^.  .f  :^  to  them.  That  afsyor  Ciagg  t^ 
quested  the  witness  to  go  wifii^Jni,tj^  tfcp  nurqiie*  for.feai:  m^^mSk 
might  fire  on  him.  That  he  w«.t  with  W«  t«»  (he  WMMf«;  tlw,?ew 
furnished  w.th  pen.  ink  a«d  papes  by,ftIiijor  SaeUlflg:  tli;^t«o2#S 
ihcy  got  to  the  marquee  i.  Cplqwila  MUter  m4  ftwil*  aaine.  iatZ 
staid  near  the  marquee  abo«t  Um  miiiules  and  thf  n  we^t  to  tlio  forL 
leaving mc  at  the  muqa«^  IPb^wl^nbe  returped .to  tJif» (brtlj 
found  o,ir  troops  -rere  in,  and .ba4^ta^«|,|Jielr arms  tliat  .one  tins 
after  he  saw  the  British  offleers.  -M'Donald  and  Clegg  come  .afDys^ 
quarters,  ote  of  them  baring  »  pap«^  m^^fUM  «aid  had  been  sig«ed 
by  me,  and  that  he  was  going  ^t^yto  it  to^%i«ral  Brock  ibr  his  apnm^ 
batjon^  and  dshed  tl.e  wiUiess  to  gp  with  hto  Cm-  U,e  same  pnS 
that  he  accompanied  him  to  theina«qofie.     /  , 

That  the  witness  we^t  and  Ibmid  the  Bri^Ii  column  led  i»  Codonol 
Proctor  about  h'Jf  a  mile  below  the  Ibrt.  i  Tftat  he  left  r^,i|^^M«lW 
aid  and  returned  to  the  fort.  ^^w^^f^m^^wt 

Colonel  MUIer  testifies  that  4the,,^ 
qrt,  tbat  .t  was  reported  to  m^^  the  j^mt  w^  a4vanei<«!  3 
that  part  of  the  Michigan  mllij^^  *.toe4tbe  «n««^.  ^^ 
thislaskedbim  if  Ihad  not  better  sew  outaflag,iwi3daiai£S^ 
iT'lJ^  "f '"^  consult  theoffleem  M:ho^mim^^tMM^ 
they  liad  the  best  opportunilgr  of  jndg^.  That  I  said  ,ywSiB»a  no 
tune  for  consultation,  that  I  iw^W  .c^*  flag^aad  4^  I^M  4^^ 

spffle  tiiqe  after  ^i^(^mdmm%mmf^m^tm^^^ 


m 


tWIli  TBif  tWeiit  to  « tent  and  M>nt  for  iiiin,  ftwt  when  itc  upprnitdi- 
<wflN!  tcniff  I  Wm  tUBdIog  in  the  tent,  wltli  my  i>ack  lownrds  him,  that 
1^  li^itl  nUrii^/l6  the  Brilisii  officers  in  th«  teat  •>  I  will  surrrnrirr.' 
'FlM't'tlMii^iyiiebtod  hiin  \rith  Colonel  Brusii  to  Am%t  in  (hawing  u\> 
iUM««  lirUil^  or(apltahition.---That  he  rcinained  at  th«  tent.  iyir»g  on 
Htk'tMUlfMk  I  vtolHit  fit  of  the  fever  and  ague  irhil*'  CoIouqI*  9ni8h 

'^til  «N^^t  utksltui  ofe^tttulation  were  then  shewd  to  tW%Tltii<>^< 
^  te  hM  tM  Mtefwi  tbem  to  be  those  which  ho  had  signed^  but  Mid 
■rtINi  §S4f^fiJ^  Ml|MittMd  #ith  a  belief  tliat  when  they  were  read  tu 
Mm^Htf  liv  ^pitfttMmi,  that  they  contained  a  proviaion  that  the  garri- 
MirailH(iJI«li€ir^rirK)i  the  bonoun  of  war. 
"IttlilRiaibiv^tiliittlttMibjrthe  court,  Colonel  IVIinor  fXaUm  that  ac- 
^M^td^hbr'SiikfiFiliMViHkmihe  w«iittoth«  tent  between 'TO  and 
ti  i^ehMc  W  tmrnHititkl^^lhetm-  That  lie  rcmaiDed  abrat  thret 
quartm  oTwihoM't  that  attai''  jMt  hud  tidied  tlie  enpitulatk»i,  be  went 
tt  th^  iftirt  ttid  w*ebttvb«d7  tll^ii^  #cn3  tbon  no  British  ti-ot^M  hi  the 
tMtt'^Mkaw'MM  h  <  wcait  M a  eodqiar^  of  a>>out  a  hundred  British  sol- 
fllel^ttuilinii  near  the  £^«r(he  fort.  In  a  subsequent  part  of  bit  crots 
CMQiiihilitibn  beatatettbat  1  i»idbiai  I  was  willing  that  he  shoaid  aiake  a 
rarrenderthe  basb  of*  tirleaty,  iaad  that  he  must  get  the  beat  terms  he 
eAild:  HefurtiMr  aayi  that  iHieB  Hent  out  tbe  flag,  I  muntioned  to 
hUn  ^tliit  1  dM  it  to  late  time.  VbM  1  expected  to  procure  a^ cessatioa 
ef^^ktHitiet^  antttkitT  aygbt  in  tKe  mean  thkichear  from  Colonels 
U':Arthri^  aad  Ciurt.  CohitnlMttl^F  Witt  called  again  a  few  days  after 
Mvlhyt  esaiiihiaeiDii^^^  tetbtiH  itatM,  that  after  the  first  flag  was 
i^  imUmieS  b^bta  itf'mnrcr  wall retdraed.  Colonel  Brash  came  to 
itie.aad;  hav{iig''be(iliifilbr«iidilhit  Kna^^s  men,  who  had  the  adTan>* 
(i^d  pMt  beJbw  tbe  fbrt,  bad  deserhid  to  the  enemy,  CelooeJ  Brush  ea- 
iJUned  that  '*  By  Qad^"  or  that  "b«  believed  b>  God  his  men  would 
dMiprt  to  a  man." 

lJlMlieire,may  ftpfiease  f be  court,  I  have  here  collected  all  the  test»> 
aton:f  that  hi  material,  whether  it  be  for  or  against  me,  whi6h  in  any 
wise  relates  to  the  matter  bow  under  consideration.  I  do  not  pretend 
that  I  hare  given  the  very  Wo#ds  of  tlw  witnesses  in  all  instances— 
Bilt  r  bav«  dotoe  se  As  neMlf  as  my  own  recoHeetion  and  the  notes  of 
fl^eduneil  wodM  perarit.  if  there  he  arty  errors  or  omissions,  they 
«ertaiQiy  canM»t  be  iatentioaal',  beoulse  i  know  that  tho  members  of 
the  fltntrt  Will  bare  recoime  to  their  own  raim«te»and  to  the  reeord  of 
the  >l^  idvocate :  and  ifit  sboaM  appear  that  I  bate  ia  any  respect 
WlifuHy  perrerteil  the  tesCfmonf ,  it  would  be  aor  artifice  from  which  I 
fbitiaid  derive  u»^  ben^t 

InrevieWiag  the  tdstimoirjr  the  court  I  think  imist  at  once  perceive 
istinibgti  ti^iety  in  the^stafeibettUof  the  different  witnesses,  though 
Hie  times  aiwiiicb  the  different  tt^ansactions  took  place,  are  all  i^por- 

— »—- ,  SSi«»«/  •"•/   www  vTISS  TfiktfSiico  ii^rcQ  in  tBii  rfeSpeCii.      'i'Sfc  C«Urt 


9» 

will  recollect  that  thcro  are  three  docuiuenta  in  TTijtlna 
to  foi  in  the  arlicics  of  eapiiniatioti.    Theie  are  alt  <lated  cmU|m  ItMLet' 
Augnat-— Olio  purporting  to  be  tho  articles  o(  capitiifaUioit)  tttt  i^MC 
purporting  to  be  a  rapplement  to  the  article*,  and  tiM  tliM  pnyoRlte 
to  bo  an  addition  to  the  anppleniental  articles.    TImm  to  dit  (lifeHrtb^ 
document,  being  a  htter  directed  to  the  commandiiif  oOkwrvflhulMk; 
pids.  which  purports  to  be  an  explaoatiun  of  the  aftietai  trt' wpitlfcli 
Uoo.    Before  I  make  any  observations  on  this  tettlmoDy,  I  wWtflfir 
the  eourt  a  relation  of  mjr  conduct  in  reip«e(  to  tint  mntuim.  mi 
state  the  motives  which  kiflaeneed  me.    ll*  depBrtw»&«iii<tiM  $m&k 
ceremonies  and  etiquette  ofinodern  warfiuv.  wlWiwciYMiB4iMMMllM 
belligerents,  wtll  condemn  me  I  must  submit.    Ihit  I  ilji  iwwbUm  Wtf ' 
sell' that  this  court  will  consider  my  pMottK  i4tiia|teiMkt  lie  elmrMf. 
ter  of  the  enemy  which  wui  opposed  to  na }  imi  UhjA  ImW  be  tiwgtit 
czcuseable  if  I  permitted  •  precipi^Mioi?  t  >  wMtk  wim  forms  Mid  pa» 
geantry  were  sacrificed,  with  a  view  to  s&vo  O^m  tkm  eruolty  of  the  sat* 
ages  many  brare  men  and  maiqr  fiuniiies  of  pMeali  and  chUdrau.      ^u 
As  soon  as  I  found  that  the  enemy  intooded  a  serioM  attaok  upoA 
Detroit,  I  knew  that  sooner  or  later  my  army  must  lail.    I  knrw  that 
even  TietAry  would  not  save  me,  and  eouM  be  but  a  temporary  ad- 
vantage.   The  certain  consequences  of  defeat  I  could  not  contemplate 
"'ithout  horror.    It  presented  a  seone  which  I  need  not  atten^t.to  de« 
scribe.    It  is  obvions  that  it  would  have  Jeft  our  savage  eoenies  to  in- 
dulge, without  restraint,  their. passion  lor  rapine  and  cniolty.    (The 
small  body  of  regulars  which  I  h«Ml  with  me  I  was  obliged  to  lieejp  fft 
the  fort  for  its  protection ;  I  had  no  other  troops  that  understood  the 
management  of  cannon ;  with  one  third  of  the  residue  of  my  foroeab^ 
sent,  and  with  nothing  to  rely  upon,  out  of  the  Ibrt,  bat  untried  nnd 
and  undisciplined  militia,  oflkered  by  men,  most  of  whom  wereioliosr 
tility  to  me,  and  bad  even  conspued  against  me.    What  was  J  teex* 
pect  from  such  a  contest?  I  det;irmined,  at  any  rate,  that  1  oughts i« 
tit  were  possible,  to  ward  off  the  attack,  and  gain  time  untU  the  detaeh-^ 
ment  under  ColonebM* Arthur  and  Cjas,  who  were  my  two  senior  o<B- 
cers,  might  return. 

The  court  will  recollect  that  I  had  sent  an  express  for  them,  as  soon, 
as  I  received  General  Brock's  summons  on  the  15th.    After  the  line 
was  formed  on  the  IBtb.  asappeai;^  by  the  testimony  of  Captain  Jtf 'Cor- 
mick,  Colonel  Van  Horoe  aiid  Major  Snelliag,  I  visited  the. t|0op9, 
Where  they  were  drawn  up.    I  then  went  to  the  foil  in  expeotatiiMtAf 
hearing  of  the  absent  detachment ;  but  receiving  no  ioteUigenc9  froi» ,) 
them,  I  determined  to  propose  a  cessstieo  of  bo«tttjties-.t0  treat,  •f^a.i 
surrender.    I  accordingly  sent  a  Hag  over  the  elver,  and  wJiea  the  Bri-- 
tish  offlcercame  toenquirethe  meantogof  tJ»t  (^.  Iseatthemrtup'to? 
General  Brock  of  which  Major  SneUiog  speafcf. -  Tfa^ittliea&wiei^A^;^! 
views  when  I  sent  the  flag,  appears  by  the  testimo|iy  o^QileaN  iMiHeri^- 
to  whom  I  c^lained  myself  on  the  subject.    I  dong  mnik^Sfhtb' 


4vMMI«»  tk««Miit  tkat  the  coatenta  of  it  could  not  have  licon  at 
'  gJililtyfcimited.  oeltlMr  more  nor  lent  tliM  an  oflfcr  ot  uncon< 
^y  liWtljIfcr.    ftorMMonnBg  to  Major  knelling,  the  first  qatmlioa 
««W^»a  pot  t#  him,  after  ho  had  read  the  note,  wns  to  anlc  Ma- 

JJJBiiiayf  till  ••  WM  aathoriaed  to  agree  on  temfw  ?••  No  «uob  ques- 
Hlto  WMM^bavt  bwM  Mllsd  If  I  had  oflbred  to  Kurreoder  witiiout 

^i4aaao«i«if  Ittd  «iet«rmlned  io  negotiate,  I  also  detennlnrd  to 
«HI^  mfpotmem  tir  defcnee.    I  {bought  it  better  to  draw  the 
fllllEL      ^  *^  If  f  made  a  roiiitaocc,  it  was  iny  oiKnioii  that 
I«Ml*«ft^  toiMM  advttrtage  by  manning  Uie  fort  with  a  fuil  com- 
pteaetit,  riadftrnMI  hUM^  Mj^rted  on  the  right  by  the  fort,  and  ob 
mH^hftUtUmi  ma  fiwUtt«rlMon  the  bank  of  the  river,  hav 
ii||rlii  ftoM  wliHyirilMJtto'  fvlitik  extended  from  the  fort  to  the  olta- 
de^md  mkkk  irt«itfcl««il«i(H«^f«rthe«ominunlcation  between  ono 
and  tlM  Alkr/.    WHhliimfi$W§wd  iotontion.  I  ordered  the  troop. 
tj  tfce  fcrt,  tote*drn|  t«  ^tttem  fhim  thence  before  the  negocJatlon 
stoiild  lN«ak  6tr,  If  tMBMr  Mmihl  be  no  terms  agreed  upon.    When 
thoM  ontenwere  gi«ree.  I^ad  appointed  Colonels  Brush  and  Miller 
to  lepeir  to  a  tent  without  ^  foil  Md  treat  «rltli  the  eheiny.    At  this 
■»ment.|«i«Ived  tbeinte»Hgeiiefrtb»ttlie  two  companies  mentioned 
bf  Major  Anderson.  Knugg's  abdSlioTefi  bed  gone  over  to  the  enemy, 
i«d  heard  fi»m  GoIomI  Brush,  the  deelaratibo  that  by  God  every  man 
•f  his  rt^iniett  had»  or  would  dewtt.    The  consequences  of  such  a 
Jefectloo  Immediately  oeeured  to  lie.    Colonel  Bmsh's  (r,K>ps  had 
been  potted  to  guard  the  upper  part  of  tlieimttleraent.    If  they  made 
Be  reristaiK-e,  there  was  ootbitig  to  hinder  the  British  and  their  sava- 
ges  <Vom  landing  above  the  totrn.  and  white  we  should  be  engaged  with 
the  iovadertfnm  the  south,  the  savages  wootd  be  making  todiscrin.i- 
nate  slaughter  of  the  Inhabitants,  through  the  whole  extent  of  the 
uortliefn  part  efthe  settlement.    F^m  this  moment  I  determined  to  ^ 
suA'ender  on  the  best  terms  I  conid  obtain.    I  told  Colonel  Miller 
that  this  was  my  determination.    I  went  to  the  tent.  Colonel  Mi'k, 
had  not  arrived  there,    f  had  mentkned  to  Colonel  Brash  and  ,;u 
British  ofllccrs  the  terms  I  thonld  imistupon,  and  concluded  by  ^ayin. 
'**ithaUwrtmkrr  memtog  on  the  terms  I  had  previously  mention! 
edt    Thisivas  ^  deelaratba  Coloael  Miller  heard.    Alter  I  had  ex- 
pUkuA  the  terms  f  had  vipeited,!  left  the  tent  and  returned  to  the' 
fi)rt.    On  n^arHtal  there;  I  found,  to my  snrprlse,  that  all  the  troops 
liad«  crowded  into  the  IbrtMad  stacker!  their  arms,  and  were  in  a 
state^Of  entire  tosoberdinatibh.    Let  it  be  remembered  that  neither 
of  these  st^  itad  be«^  taked  hy  my  orders.    I  had  ordered  CoJonci 
Findlej^'frregidMiiit  only  faftolhelbrt,  and  it  is  not  proved  or  pretend- 
ed ^ifl  iaV^  aiy  onieri  ibr  stacking  the  arms.    I  now  l)8carae  impa- 
tient'to^DJOl^tiltotflieeimdep  «tl«  ttr«d^<iHnn  /vr  4h<.  n.u:.i.      t  .. 


94 


• 


that  tliero  were  toousands  of  the  savages  around  i»v'  BttiryTMiniMil 
reports  were  brought  to  me  of  their  depredatioM;  tti^>M'lte  MtitoHW»- 
in  which  my  troops  then  were,  I  could  afford  iMprMo^iMli^'tli^iH!; 
habitants.  I  was  anxious  that  our  -t-mirfr  thtiiild  hirr  tftyrilfliiMiiha 
and  government,  that  they  might  be  able  to  piit  a  resMMtftoii'tiilif 
savage  allies,  which  I  hbd  no  power  to  do.  An  addltiimar  W^hripa 
my  mind,  that  bad  great  influencu  on  my  conduct,  was;  wlnit'  f'^Ubi'-- 
dored  might  be  the  dangerous  situation  of  thte  dtoti^Miid^C  Mifld*' ' 
Colonels  M'.4rthur  and  Cass.  >'a      ^afsi*! 

I  thought  it  possible  it  might  be  at  a  distance,  and  mlgHt^We^drtiE 
If  we  should  unsuccessfully  resist,  i  was  sor^  ft  WiMId.  '  Itf-I^tt^gtitb" 
of  things  the  articles  of  capitulation  Were  br(iu|kt ''to  Itt^iNiift  ^ 
lent  signed  and  executed.    I  accepted  tbe»iii<«i|m«#i^^th«tt 
to  Major  Jessup,  as  he  has  testlAM^  lli#1t#  id<l^«f|M^  y^  t^ 
the  troops,  when  they  aiarched  odi  «C  12  b'dtiMi;;  >  Th^ 
considered  as  the  article?  of  diplttolatloh,iftd  Vy  time  my  coiddfet 
must  hi  tested ;  for  the  other*  two  d64inaerttsit»e  one  styled  mi^^ 
mental  articles,  and  theottei-ifiiitidltliiQ  to  the  siippfemeiiiai  iililcl^; 
arc  rather  to  be  considijred  as  ttnagb^metait  betw^n  myself  and  the 
enemy's  general,  than  as  p&rti  of  the  iiaiiiwlatfon.    I  admit  thftt  wb«n 
these  were  signed  I  h^  nwpdwfeV  to1r*slst;lf  he  had  not  chcWieii  to' 
agree  to  them,  and  thefreVoi^  (Key  are  Ino  md«t  to  be  considered  as  a 
part  or  the  capitulation  than  the  lettfet*  whllih  bears  dat»  the  lie^^ 
day.    It  were  these  srtprrr^ferifitUrflctes  which  #iJre  (ilgned  fii  Ca^ 
tain  Dyson's  quarters,  and  mosi'of  the  witnesses  who '^[ieak  of  wlikt 
was  done  before  or  after  tbe'caflitttidtfeii  wk<!  ttigaed^  MV&itisI^  i^k 
with  reference  to  the  executkm  dftUirsfr  iii«tni^ni4. 

God  knows  the  article*  ate  not  what  I  would  bare  wished  to  haW 
bad  them.  If  I  Ind  Iweii  warHng  wftli<5lir«i«ed  miin,  whehi  th*  bl6M 
of  wMnbatants  could  only  be  shedi  I  (night  not,  and  would  not  have  ad^ 
cepted  them.  But  when,  upoii  the  consequences  of  r^fushtg  them 
depended  the  lives  Of  so  many  toiioeeittt  people,  I  did  not  fbel  myself 
aathorieed  to  r^ct  them.  Having  put  liefor«  the  ceiitt  tife  testhno- 
ny  which  relates  to  this  speci^atiou,  and  fiven  ffiy  own  accoimt  <«'the 
transactions  to  which  it  relates,  IwMI  again  notiee  the  accusatibosi  ^d 
make  some  few  ottse^vatioostipsntiiism.  « 

The  first  accnsatioB  is  that  •!  surr^tidet^  before  the  d^itttlation 
was  signed.  This  is  certainly  dispitfrodi  iTiere  was  iwt  a^  ^ab^ 
in  the  fort  befere  the  capitulation  was^  brought  to  iii6  fHtm  the '<««;{ 
nor  before  I  delivered  a  copy  df  It  to  Majeif  J€ssiip.  The  twtlhkm^ 
of  Colonel  Miller  «  conclorfViB  lipontfiBs  point.  He  says  tlWe  W^ 
no  British  troops  in  the  fort  v^hen  b6  brtt^t  me  tii9  «iqpituIMitni  fttom 
the  tent.  ■     '  ■•    '    ■■■^    .^  -r.,:,,,.    .,  ;.,:    ....  ^^  .;;>  ,,i  ^z-' 

A  second  accusation  is,  that  I'did  not  «ttji«late  ifor  ih^  fctf&^tos  i6f 


war 


"ig  iiif;  tnrj.-t7  or  clrs 


to  my  iitinf  ran,  ^wmcn  t  IM^ 


\ 


\. 


\J 


95 

^^IJ^.TJ^  ''*'^  unrestrained.    I  determined  not  to 

»W^  wr,46«^«cti^,ty  of  Uielfiendly  inhabitants  of  Canada.    With  res. 

fo^r^J^i       •"   ««^ry  wNb  we  retreated,  no  stipulation  in  their 

r«S«I  ,^  ^''"  *'^  ***^«**»«^^^  ^J'^"  the  capitulation 
TttS^Wir*  '^i^'^*^  ^^fa" J««J  -tavaiJed  tifomselrcs 
SS^ an^^S.^^^^^  '^" '^^^^^  "«'  the*apit«Iation 
dS^S^'*  ?f  *^'^'^"''^  *™  ..nquestionally  inclu 
■^  ^^.t^lSf^- ''^.ff^^*  U^t"  private  persons  and  prop- 
iil^SiSSS^^^^n:^^    ^.s...stipu^ti: 

vbon,ethM»gha8bei««adJ«tl»c«wr*ofthe*BiaJa8  to  mrl,avin.r  „, 
ec  to  do  so:  but  if  nar!~T„*  ,,,^^'-"'^*^^*^'W»i»«S*'*t'.»  theiriww. 


96 


% 


td  to  approtch  tfto  aoar  our  works  before  the  «iH|liiUllii^>kt'irit|^. 
It  would  be  easy  to  show  the  strange  coatndKtit^ptUiiiii^Mi^  <»^ 
point,  and  to  prove  that  sueh  an  accusation  wonl4'  6e  wHl^t  fout|nii^> 
tioo.  Biitccrtainly  the  accusations  against  roe,  and  whieli Yit^d^Illgeil 
to  answer,  are  stifficieatlj  numerous.  The  eoort  wootd  Uu^f  thiftk 
mo  excQseable  in  trespassing  on  their  patience  to  omke  a  deifinjiie* 
against  accusations  not  preiferred :  I  siiall  therefore  ftay  ooii^iiig  fir^ier 
as  to  tbrs  suggestion,  than  that  a  specification  fosiided  Upon  it  is  «ioii» 
be  fouod  under  any  of  the  charges.  -  <  ,. 

There  is,  gentlemen,  one  other  chaise  whieh  lluir^  tp  v^^,'  M'U 
an  accusation  which  has  been  most  woundU^  to  ^n^  fillliu^  iaiS  t!t^ 
discusftioo  of  which  is  the  roost  painfnl  task  Jt  bare  ^et  laii  io  pettmai. 
Not  because  I  have  aby  donbt  but  that  1  statit  convince  y<Mi  it  is  is 
mticli  without  foundation  as  any  otli«r,  Mtt^^D^aujie  it  inq^oses  V^ii 
me  the  necessity  of  examining  testimbny,  w^b  no  mbo,  hoWevcir  into- 
eent  he  may  be,  can  repeat  withMit  dli^n^       ,, 

If  in  the  embarrassing  and  difficiiU  (i^alio&s  IB  whi^'  I  wa$  plnb^, 
during  my  late  command,  I  bfvecomraitte^  sdme. errors ;  surely'irbat 
I  have  suSeced  by  this  prosecution  and  wbai  I  miust  now  suffer  in  mai- 
king  tills  portof  ffiff  defence,  will  be  some  atenement. 

For  more  than  half  ai  centwry  I  Eupported  a  character  withottfte- 
proach.  My  youth  wm  ^bVoted  to  the  service  of  my  eountrjr ;  I  i&ugiit 
ber  battles  in  that  war  wbicb  thieved  ker  liberty  and  indepeiidetM^ 
and  which  was  ended' before  many  of  you,  gentlfemien,  inrito  ajre'l^y 
judges,  were  born.  If  tipon  any  occasion  a  nu^  may  speak  ^  iiis  Mrn 
merits,  it  is  at  snch  a  time  a|s  this j  and  I  lope  t  may  be  pt^piibed  to 
present  to  you  in  very  few  words  a  narration  of  my  life,  wl|ile  I  was  en» 
gi^ed  in  scenes  wliich  were  calcola^ted  to  prove  a  man's  .^rintniess'  i^ai 
courage.  I  sbali  ilo  it  with  the  less  relufltance,  because  the  t«itiin^(>y 
I  have  oflGered  of  the  venerable  men  who  stfrved  with  me  in  Uie  revo- 
lutionary war,  will  vquch  lor  ail  I  have  to  say.  In  the  year  1775,.  jai 
the  age  of  about  21  years,  I  was  appointed  a  captain  in  one  of  tliie  Cchi" 
necticnt  rcgitneatts ;  dnri^g  that  campaign  and  until  March  1776,  w)(en 
the  enemy  eva^cnated  Bostonrjiranred  with  the  army  at  Cambridge 
^  Rorbury,  s«d  m  tlie  inmwdiate  command  of  General  Washipgtdii. 
I  was  with  that  party  of  the  army  in  Mard)  1776  #bieh  took  posses* 
sion  of  DercheKterheights ;  the  Hmventent  which  oompelied  tl^  enemy 
to  evacuate  Boston.  The  next  day  tbe  raiment  to  which  I  belon|H|d 
marched  for  New-Yeri:.  I  was  on  Long-Isivid  when  the  6aemy  tank- 
ed, and  remained  until  (h«  |Mfht  the  whole  army  retreated.  tWjts  in 
several  small  skirmishes  both  ,od  IiOQg-|sland  and  York-Island  hnfoie 
the  army  retired  to  the  White  Plaitts.  I  then  belpii^ed  to  .Colonel, 
Charles  Webb's  reginaent  of  CoBfieoticttt. 

This  regiment  was  in  the  severest, part  of  t|»  fwtkm  ok  Cbiatjtejrdon's^ 
Hill,  a  little  advanced  of  ,jy^  Whibp  Plains,  a  few  days  titer  the  ma^.. 

bodv  of  the  armv  fthandalMRd  fip.w.Yaek..     Thin  k&ttlA  is  nemnMhl*  in 


m 


87 

f^^^^- and  the *c«J.neut,to  mhhh  I belangw}  refteiy. 

3»aWfc«iait«  of  C.en«rar  5V*,|,u^ton,  in  Lis  pm^Jio  ontewi 

fcofiduct  on  (be  occ..si..D.     It  ,*as  Hartk-uhtrly 

S<l0!l*ei- troops  engaged  Ijnth^V'Uoii.    Irete^ 

^WeApaa  ot  my  oonipaiiy. ; 

JntOiif/when  the  IIe«i}jmsw<v«.  taken  V  iDe- 

fcj<hi,*iiHt  ocrjsh,^,^    The  Histoyan.iarvjVr:;^ 
^tfn^^he  cumpaijn  of  t*e  sa«^  y^ajj 


iWi 


Oa  the  rsitDf 4,f<[jqfaje- ' 

-  ----         -  ■-'-rfi- 


ihsii: 


m 


f^Sfog? 


s*"^: 


J'^««J, 


IS /general !?/.  OJajr,  ,am}fi 

tvi«M-     .    ■       ./,  'J 

^%.)<i»<itifa  with  ,<i:«;inr,,. 
'Hl^wep  thirty  a;id[ 


r*'i<if 


-; 


wlijflT^'ppteniber  muI 

«r«ilt'Borgoyae's  ar- 

pfe;«»»,ef,Septcm!)e;- 

'^M^*'^ '  iieiac^iiiem w^  ft8«/S»Jt6»«%th.*>rtncipal  nan 

t^£r^*S  ^''*l?^?ft!!?**^  «M^i*^y^.*f  our  pa  1!  W 
tlM,  %liicl.  comp^Jted  hta  to  retWhH  t»..««i^tft(i  Sd  &  to3^^^ 


J"*" 


»fi 


% 


06 

kl^\  part  of  the  Uritish  wmy  advaaced  up  ^  Nifiifi|l«^iil^rflt>,JVMi 
ptaiib's  and  Stoncy  poiat,  and  I  was  ordi^MNkt^tfm  Vm^nmh 
to  We»t  Point.    ;'  ,  >  "*  '    •^'■*.i  'fs'^'v^^i  i^t 

\  I  tliea  joined  the  Dghf  infiuitrj  under  th^  ccWHiiii^  #HliBBli>l 
Wljbe.  and  #ss  in  the  memorable  attain  ooffitoli^^  ^Mt  i^tti'Wpfll^ 
rate  command  of  400  light  Wfantrjr.  -      ,'->'•      «tt 

tpr  mf  conduct  on  thU  ot^easloiif  i#eitedtito^|ibKkJl^ttiaiiltkof 
Oettera^  Wayh<>)  Gen(ii<at  WasMnj^tiiir iiM 06i(|i|Mi^  "^>(">  ^       - '^<:'  4 

In  the  sorotacr  add  autumn  of  iiikfl'Ml^iijmillilMviltii^^ 
of  the  armjr,  indjln  December  of  ib4t  7lfili§^^\ilMS0mil»($*iM$tmKn 
Igaitist  tHf  trttmy  stationed  aiMrM||^ili^;#^ 
for  whioli  I  recdved  tfi«  thadtfs%4^^i^iilSy)l|^l^ 
ditra  to  the  army  artd  fikewbe  tite  <famk«  <Mif Cbngf^p'^.    Oeii«raa'tWiiil' 
Higton  ill  his  orders  I  ^ejH^itoll||1jg^' i^  OliM  IMN^  •**H*« 

thanked  me  for  my 
tJH^  fofm^  h)tr«pl^itg|f  i 

From  the  couelastq  ' 
f espect  of  mj  couitt^li 

confidence  in  the  ollfee    ,  ,.  , ..     _, 

1  found  that  the  ib^epood^oee  for  irlk«i^^  1^  «o  ofteh  fought,  uras  tk- 
s-aiM;  ^hat  again  n^  ^Sfl^ill^^lP^^i^^ 
and  to  proteet.&l^l^iyf  1  W^t^^i  fki  db  Mh Mteeiti^fee. 
>or  tIioUi,h  ni&#F^^  ^vftttH. 

^ard,  and  thoMl@  ^m^fmlrmt''Mv^'^W9  WoikWt  (itt^4|lh, 
yet  my  splr^%«i«i«.^u,  jP^WlMT^  ttf  ft*p  UOHttpalreA'*^! 

tbooghtiutb^  mfmiit^'^Jiitm  feit^tu^hyt^  mnmrj 
^pertenee,  whi^TWt^4l^^^>iio<»t  U!^^  ««^^>o^*  4e««ti 
years  wkr,  tAtgMll^:^^l|^hdped4ftl%  fny  ^e;^  i-^ii^ls 
in  my  youthVf  iiUidtt  jf^%^(^i^^<^^  that  sbotttd  desctvv  tb«]|i^yiiihifde 
df  iny  coiii  j;-  ,fM^t  frajH  W^Hifc^^^rttot*  of'b«t*^emiM.  mj/i^v* 
would  be  moi$^^«l^'#|^%|IB't^W  my  countrymen  t  ^at  tnl)r^e«i<^ 

dants  wouid  %)e  p'fbmw'^V^^  ''^*'-  ^^  ^'^^  ^'^''^  ^  ^"^**^* 
patioo !  I  MiKnf'ity^^'iJi^cM&^Vhfbh  wobldbfa&t  in>^  foridef^Jiiii' 
ours,  and  tbri^tlh'tfeil^S^  ifitK  ykmy  \h  posterity.  And ia iHtit 
hideous  cat^^fit^^ler^  i"^  t^f^^  tlTe  iM^ifttftiOtt'of  #MHr  triffm- 
lure  aa&iM^ltij^l^k  tiSoMrMbilca  thil\l}  IhHb  tb^t  of  «Mvirdioe, 
to  wlucW'taiii^^^a'il^  Tt^lltoiifin^ myself  uMer  this  chai'ge  to 
the  sp^eidcstttti^^rcJirliW^piitioftffe's^M^  f»my 

d«<%irMhMH%!Sioit,  dinging  tlif«  (Mitiftwign, 
',  c^id  i^niini>«!,  fiave  b^t»imtmt^ 
Ilt^l^  ibipbtk'tfr%ew<k#d)ie.!  But 


penionai  H^kibfttnedlt. 

Almoi^  every  act 
which  ft  "% 'been  t« 
nniicf  this'fchar^V3 
as  raoct  of  i  hie  ac 
Ehall'^t^a: 
i  E}ie\ve# 


*Wl*MPMft|»MyK»  i'»«<'«^''ary  M«t  *t  should  be  broHght  ta|e«»«r, 
lllfef§*fl|y^i^##»8we  you  in  one  view,  that  I  Bl;all  go  tfirougli 
tlw  dlngv«Bfi^ie^4|ijk«f  rtpeating  it.     .  ' 

tWf^^fi|||||^y|||^jj%|^^  »s  well  as  iaaportwicc,  1^  >I^or 

%P<IW4ilS|^#iNl^fetf*»?"  •'<'j*>>'»ed  tbe  army  at  Urbunoa,  bnt 

M%lmW9 <m.#*l<P1  h '** ,i^MW^.tbe  caijowade  I  fteqticntly.eaw  tho 
fNNMrkl.    i  anee  aiwliip  j^b^^     1^  might  have  risen  tw'm.   Most 

M^^iltWI^ilHI  jfpj^j^fft  jy>,  jiy;^pt  under  the  curtain  of  the  fort, 
'«fl«l^>ll^«iiiff|ftj^i^  t>eeD  taiisht  to  believe  that 

illNyi^^i(|)p|||W^ft:,A^g|W>'P^^I'^:.y        »«  iQdi<:»ted  by  ^ppearancesk 
#NJte*lljWi**PSSI^#e»fij»^^  to-roy  mind.  iod|cate(i    ' 

,KM  T^ii  i^easoi!^  t!!atj^d|j|^flM^f^^^  t^t  coj^clasion  were,  that 

.ia>it»li<pil:.i.isejteej^^  .^6:1^  tor  hU  6«at.   His  voi<!o 

tr^mbied  when  |M,j^[;|p«^^J^  filM  his 

iiVHllta^wiJIltfljbl^i^  extended  by  it.    thq 

^J0rf^'V!hf^!om■l^  im»it^i^0l^i!ll^p  IR^  clothes.   Wc  plten  rub- 

jMitibit  f§MPe  l^i|  IM;^  tobacco  joico  ;aboat 

.^^f  J|M^i#fir,,t^tiAo4,lpJipjjP^^^j^  that  when  he  r^-fairn* 

^fnii»%ringrf«JlSr  at  th«  ^i^|i^^4|f;  f>n^|^  (Bpn'toS  *>f  *he  16tl?, 
Imm^m  bfii»iMm  ^ct  tfi  rB^  his  inspprt  .|^  t^iiffal  Uuii,  but  couhi 

,-ji^»|«NI  WuMwr  $M,#9''^-^oe;if|if4^i^;.flf|9/ii«  »^as-  He  said  he 
J*ifelWfcl|lllOW  tf,4M«cr#  HuJl^       %^i^«  %ir||^i  U^^^  the  oflBcers 

?'lWI»di^^te«*f■,^..*s•f;^hi^p...,iii^J^^  Afltcr  the  m^n 

-M«8B|;«ikp4M^W%ht'|^l:fe.'|»^|^^  saw  Captain 

aitt».,wJitli>^||i9,w|i^e.fiag|,4(M  an i|OMr,  but  he  did 

^rf.l^t^wi%m»^im^Aoot,ini}p^1^ij^^^  the  situation 

^iimhm  4«iffiie^,  l^tiffw^j^^^  the  send- 

4iK(ib(^|b»g-1^lCsptaia  fi^i^i  J(^  jrecolk^S^t%|^t;(he  time  Captain  Jp 

j  filtiQut^  be  has;  desc^bed.  ,,41^B[fip|ti  ^ij^il  was,  out  of  the  Ibrt  early 
<  that inoi^iiBg,  but  tJtet  JilitB!^  does  not  know  where  he  was.    At  the 

tj^fs  the  ^f^e^J,  was  «i»<|»M>9i4be,spneral  ipra^  standi^  on  the  parade. 
.  ]  wi9|i4h9  eouf^  jto  nptie^  the  g^at  :MLtent|oQ  wh|eh  J^ia^r  ^ncUini; 
;  fiAii,  txtMmttkaiJM  ^jr^^ifOMte  ftfcjuni tanqes,  hi  givhig  his  testi- 

HMNty,  not  oa^  as  to  the  pMitiens  in  whkii  he  sawn^,  but  when  his 

jfnuidoatiMi  pis  rfadore^  to  h^  <p|  ^.f^od,  tJkt  Wit  stood,  it 

£  ji^pteseptc^  4h«t  he  had  said  that  1 1^  4istributed  the  tobacco  over 

aiy  faopiliedetired  th»t  it  apig^tiip  ji^^fe^ted  ^p  as  to  state  that  what 

.U^'Q^NtiMiK  MCfjnmiek^tfsUfies,  as  I  w?is  not  present  when 

Gofawel  Findiey  receiir«4  fltdenr  ,tf|ina||ci|  into  the  fert.    i  Joined  hhn 

^:h8?iw$«oi»gi^t^e^fe«,  ,j|is|i|f^|,i5e„^^^        ocdj^^r. jaad  .said  h.o 


\h' 


o  form  the  r#s««cnl.  Tho  coI(«,el  tim^mm^mmi^mm 
to  t«ll  IPO  U)  let  thr  companie*  inarch  j|f,jp<H.4W^,f^,i|g^i,^jni,, 
it^n  rehitef  What  passed  between  Cif\mWm\^m^mMfmmmt 

Thcg^ncjral  appears  veiy  much  ^ifiV^f^Hg^uifff^p^^^^ 
der  as  inoch  alarm  a«  I  eyep  mw;^^^^,.  Mf  mim^^yf^i*^ 
paceo,  and  the  low6r  ,i»rt  of  his  fa«e,a«d.iiii  rest  wera  covere|ii9ri|| 


it." 


t»P  his  cross-ejc«aiiQati<ta,h%Jtje» 

trrtops  trere  ordered  tq  injM«^iN»^^4t||s,j||"|t  t^^^'lg^^^^.^^igil^^ 
an  hour  after  ^je  firing  bp^|5|t,^^p^iteg^^^ 


law  ine  once  that  mdrj 
Colonel  Findley'8fe|||^ 


|)i6k^t-fonce.    CoIqi 
ley^s  corps,  testifies  l^t 
on  the  morniiigof.jilijQ^lli 
hour  before  the 


ring  the  ca^nnonaiijfe  .^^ 
Sneilidg  came  w||i||'Ar 
regiment  to  the  ibrt^^ 
turned  round  auci  a|ff, 
stated  that  be  theo  ,w( 
got  VI  he  saw  «^--!;»ujt j 
tered-     The  wtt|iess;  tt 
General  Hull  hn^  wasM 


»ftPftJR«5otC%iwJtFi«d- 

W^W^^J^fi^m  ^wW  m^m  witiktm 

\Mnsi£4jmjli^  fept.  r?;bft«r4ti)(BC« Jptt^if 
^%f*i!f!^^  ,|>»t!talkp.  *^  arteri  he 

6f&an     I  tad  DO  4*l|l|i|feif,':',,,  ■■,,■.:;:,  ,,^  ..-,,_-'.,.,-■,       ■•■h      -i^Z      , 

ceased,  at  t^e^lap^  >^^m^8^|%^lsf 's  *e§i,mQ^  Va| form^  that 
night.   ■:    ■. ■ ,:/' ...  .,  j...^'..  -.  '     ,.,..., . 

He  saw  iiieifie  neztlwonilig  out  alVthe  %>rt  ajt  6»Ip«el  Fiodley  V 

wbe<^y«r^8nd|wxfety^j^^  ^^  *^«*r,»SP  fa? 

described,  heanswered  th»|^re  aij^^aBa^  9^|1^^^  t^^y, 

ai.|)eai«i^ces~butuppn  compari^.fiicq6,  he  tWght  im^^ia4  Ibe  in4|^ 

*'«««:«!^- ,c?i#tt|i^;t^|p^^  fi^(p^ 

the  .normngolF  the  iBth,  Tie  appeared  to  9»e,to  W  embari»85e^aiB4j||tja 
Jos?  bow  to  act.^  IJiadbu0i»^ppiiMonM(Wehwj^,that.^ewaK^ 

othter  Way."    On  his  cros^^examinatipn  hp  sajd-^"  O0j,^he  pipBlflg.ijtf 

sitting,  solnetuHe^  walking, a^^'T-^liiw^  * 


"^'tMmm^^ktik'mif  twtifiM,  that  on  the  ^Ight  of  the  I3th  of  Aa-    • 

^!^^^i^^^^^^!^  and  clothes  0,1.    *That  in  the 

'j^^^^^T^^H^^]!.  I  was  not  there.    I  saw  the  gen- 

^^*  *»«»W»^f  safe  place— as  to  bU  being  afraid  I  can- 

****  ^  **yS*'    ^  ^^'^  ^''^  8en«raJ  on  the  pai-ade 
r^  B*SfMttyft»>  Jhis  exposing  binuelfinore  than 


eral.  ^tf 


etlvered  by  my  aid« 


I  ma  for  form- 


S^Jtosnif^  testifies,  tkit  i*i  tli^  hiorbing  of  the  l5th,  after  the  can- 

^^^-^?^'*^*^*^lff^**  *^^*  the  fort." 
"ia»iW*^s*«6fi,«t^«lffl^r  8^^^^^  bf^Alc  Of  day  on  the  morning 

■«^itne«ffiitthert^a^a^^y|^  '^mt^^^^, 

l(«i^iiil>*-4hatfiefodtiai^Sittft^tte^^S 

lB^aM%*ttyettAg  to^t*  th^ibrti   1^  the  ibrt 

;Ki!!:2^:^^'^l^^®3i*1^  Colonel 

^  frjghtened.    Whenlinethimlenqulred^liih^Vitirerepo^^^ 
J^'Sf  ^^'^-  ^'  ^m^'^m  tennsfand  some- 
iW%^*«r»he^^ia^»s  three  w!ite»tenlv^  HU  roice  at 

that  thife  iWis  trenalSiiis.*  lobset^^elsiiu^'at  iea^t  fcoW  out 'tyi 
'3^^^2l^tuihC^*nA  M'Arthar,    He  replied  my  God  what  shall 
I  d(^  11^  Ifttese  wonno  and  i^hildt-eii. "         ' 
^The%ito««s^tlfeo'iftiti^{hat  lie  Wft'tSelbrt.  ^ 
My^rtidltetsee  iife^ttil^fihs'ofcapitiRitidn  had  been  agreed  upon 


»ns,  of  which  tl 


MIW8 :  ^Wfe*rea*^wrepi,rt^pfenif  p^  tht^ 

%i^ii.i^  ifj^-^ffidn  tii^m  onfirfii  „^m4  co.„p4 

s^tertd;  sminr;  8n  a:  t^rtt  beiid^V  y^^dt  tKe  sami  time  I  reported 

2£^"^SI  "i:'^  "'^'^^^S^^^o^  had  surrendered. 

11te|et!^ril^^att^i^tt^lsfi[Bi  reported  to  l«m  that  bis  mei» 
W^'li^lD^liiih.  J^Xmm  ^henf^^t  the  general  in  the  fort,  and 
MBit-  the  fl*R,#^BoBted,  Wi^jTjti^laimed  ili^  mrn  had  bees  killed 


■iX-^. 


Xt2 

In?."  4^i.i«^irtM«i  «)li  iJMwVift&w,  iter 

The  witvest  tbeo  describes  nj  af^UUia^  ltiltlHiiili|^%'Uti 

wordi  wUeh  had  been  used  by  oUier'iH«^ttli|tfl  -''^-*  »Ai'i^.)-jm-M94X 
The  witoera  b  a  sqlweqnent  |nii^1^«i«i»#|^ 

the  iDoment  wbeo  be  wat  io  eon#4rii#|^Mal||i^#i1|i«i||fl|^ 

1  JUi.  near  the  vecood  batteryTf '4i«t*|llf|i(i«|^ttltf 


ti> 


tMiil&i^iiM^  -ltd  ''it>'i-i"Mffiit 

I  fweuiug  or-  mesffiiniii 


Tiliai  I  appeared  moelt^iktC,  - 
wUboQt  inakU«  biin  a  npfyi  %| 
witness,  before  m  eaptteUM'^ 
terwerds,  entirely  ^enoi^mi^^ 

the  noTelty  of  bis  nkimm^'L 

tef,  ir  n«t  both."      '  '*  «>*^r*^t  «iii 

C»ptcin  Jiastman  ^il0m-Wmh'  .  ^  ^^  .__„ 

a  shell  appeared  to  MM^^gimilSI.  ^«iie«t»f  llMlf  ^VMtbrda 
tbe:aorth-ireft  fa^tM%iif^  Jta^i^^ 
the  platfortnf  Iw'pMf^^fPiill^^ 

morning  oi'  the  1«th,  met  {tut  of  thliiine^iiriig  the  caanowMleVi^M 

sittins  with  hhi&^m'mijKmsi^m^^^ 

there  with  a  i£^^^^||ftii3i.^'1l%c^iiec  lib  |eiitlcteiamild««ie 
lady  near  tti  hi?  'W^^iii^li^e'li^^ 
appeared-^ei|  Wki9im$:''^m^Bitm 

tieinan  th^t'lrll  IpM^^^Mr^llglMii^^ 

bim.  bot  I-  d(> i»t tfiecdteitii^ '■  }       ' '■  •   '■  ■■'.■.    "    ' "  ■«*"'<  .{^o?ia4 1»;  - 

Coloner|il#1pif||ilj|R^ft  ifi|'|i^ttiil«r.i|y^i^fi^  to 

the  sctti^^^^'mi^lli'ie^^  iliitiM. 


■'*ii^ 


itbitb  iMD  taken  «ghtfilig#ldi  aa 


Hdnraii^ 
times  Wj 
<»uiitor 
euMiotlniy.^ 

ibo^ht^UiecAef^t 
pn^imit^ '''''''''' 
ladiat:  oiiOaid  be  niared. 
On  bis  ci:p^^Bi^^^-|%f^t'  BllUNP«eldf^rMir 'i^«efr'«l  the 

proeecdedtro^'iiMifill^'i^ii'i^^  •  -}ef.'*.'>«sf#»t 

iV»  thU  ti^  fHiMwl  ^i^iei'^yes  I «Hd tbiiilt  bbcH in^Mmi^iitc 

1V»  the  fo|tew^|}|Bi^tk^  3^^ 
«»y-piMS  er' j|ition*inj8r  for'  a'  doinlfa*iiafca?«ifiBft«-f '  '"■  ■■'"••   -'* '  '»*  t«- 


Ji^ 


yij';»5  f  ■ 


iio  sfrjeoB. 


103 

t*t|||<^liliiilliiBtW|iy  ,'r<*'<^  «teiwibe  to  the  cuurt  where  tbegeDi^- 

>i«f*M^mm9gfimM$m^.S*^rir  P»r»pet  of  the  fort,    I  wt« 

<#^J?W|g'<^  ^PIBijfe.^J«ier*I  leaaed  dowD.  The  whole 

•  Mni0($Xi-mmM0^l^if%^  the  spot  where  the  general  was 

**^%ili#«*^  % V^.,^;.^.^w>ni'»  itMtioa  wm  the  inoit  oou- 

■1i»'lW»^»^i||l^l^gW^'"y'H?^  without  the  fbrt/' 

W\ff9^ha^mmimf^Jm^9^  further  teitUiei, "  that  he  hwf 

^fVm^-m^m)^  m^P^  «*«  «  wm  muc^i  ens«ged«  of 

'^^^mmfmLm  mj  mouth  «rWh  my  fiDgen 

'Wmmmtl^.mm^fmf^il^  ^^  nl^:  joouthagahi,  and  roll- 

*\  Taat  hf  Omn^  uot^  of  this  haiilt  oo  the  16th  than  uiual,  ao« 
1i^iiMl^tW''^^4«^l4'QfJM^  think  I  was  ud- 

?^i^^^^i^S^^y|Sli^^  leth  or  August. 

Md  M7S«  I  had  no  AoiMrm^m^^mkff^mf^K-^^  tolluence 

M9»mim  f!lH«|iyi||^«Dl««M^  no 

t  J/ll«NfeMipi««J«M|»*«J|||(^  0f  4,|i,8t,  and 

t¥49k^^.  i^fimif»i%mm«iM,MM,^e^^  k|d  iMid  407  fe«I- 

lli|p^,pwlii^;|p^>8iiM^,4n^:.||^  i^^ky,/  l^fliw  |ib|*lng  whieh 
n'i'lll  rift  hTrti^.TT|||fiir(inint.ridftirwJff  liPiuiiUL  Ui  tlMlMprcMion 
•f  personal  fear."      ,.,       .  ,     ■  ^  ■    ,     ;*^w,...y.  .>,,.  ,; 

Iftoi^lf  «toKN>l$|f|tl|^<i;|!il»^}ir|^;i|^  sitting 

■.«litihfi''iMiffp4f.-(3H^iMi,  t|^|«^uor,i«|j,,t*^.hf;  si^,^: 

I,  .«ii«ii|||Ji«^|i^;tj^iwJ|^hgiprT^ 

r/«  |l^t^it|(lec^^,c|ini|!fW|dta^  me  oa: 

:hors(ilndc«toM.ertt^b«tteries.''^  "  ,   ""  ''."|.'r..'.* .'  v^lv.'''.  /'   * 

^Hlglpflfa  ^eiae  C^ftFllpg  fUMl  repa^ng ;  that  ^  t|>ok  mt^  ol'^injr  ebun* 

^rttuMe^s^  thatls^pi^^^         cp|j|Bcte4i^  (xwl;  tiiiBit  I  sat  4  or 

f  >  45^.|!i%§<l,*Ot.^^^jn|im^'j^e  jCth^  '  ^^^at'tKe;«m|^  llrt'ahnjf 
was  i«treat% iton  Simdwich,  there  was'a  clatoour  tliit  I  Wai  intimi- 


ptfU«larly.ol»8«5rveAi!8s|^l»tf^l^'3;    ';;   ■■'"'.;:■■  ■  r^- ^^  V  ,. 
^  <qiHigi*iTj^|(Nr  ttgjtlSfB^t^t  ,lie  ^'  me  MVelTBr  iiine«;dh  Wv^eo- 
ii^of.Uw  ifith.  4ti^Jthe  |Bwau(MBj|^e  ;^^ 
nade  ott  bk  miinlof  07  bei^  luufer  persM^  Inkr  on  that^aVdr  evear 


■  njPW^^^^ 


^^IPto^^^ 


m 

hgi  thuil  appcMNcI  to  be  tbc^ 

hoard  no  indkatiou  of  impiriUiijf 

dull;  that  he  saw  me  o^iir  Ute  iSStZZ 

VloAlvy  to  move  trom  ^  V^m^MmvuiSa^ihll^l 

moy  specific  prdei,  Iww  to  form.  Slg^lE'Bl^lJLs.^gg?^!* 

that  Uie.  enemy  were  proparW^^^K^WVm^^'^?-* '"  '*■'  W!^' 

^"^  iir";  T"?  '»^i«»^^^^i 

b«cco  th««  he  bad  |^»iK^    ,  .«i,illfrj* -. 

wat.  that  I  was  uo<|er  £jgr       ,         ',      JSSS^SZ.IT^'^  ' 

llie  gate,  on  the  16tU.  jlrn'M^m^^SS^^SmSSi 

abo!.T;£Sga?1S^^MI^^^^ 

„,. „.^ ^..    ., . „ 'i^fiftl 

aniS  colleptr 


..  ..^^^. .  ..,  „        V>e  «t  witli  .»4  auch  accuracy  a« 


ttrerui 


106 

^"Hi  ^^l^.^'  ^^'  "  *=*"  "P»"  »"""«''  ♦^  rcmimhcr.  with  Uie 

JWI.  and  wiSteh  *r*  j»r  a  fri.olo„,  nature,  and  not  likelj  to  J.Uol 
^mm^ry,  l.fet«itJmony  i.  r  <ereby  rendered  »ery  su.plclou,." 
Jl.^^  JTiJ^iI!;'**"  !"  ^''''  **^  le-tiinoay  which  has  been  glreo 

I^**^   !"■  *""»«V'  »°d  UDDecessarily  enlarged  upon  cIn 

2r^  "IS!!!;!"*'*  *««•"'«>•  »«»««0  to  be  gratified  b,  the 
•WOfttoltyoffhngsWnteondemaatorTeTideoce? 

«^of  some  of  th.  witnease.  wa>.  deMrergd,  and  whether  they  did  not 
ftelray  a  w«m,th  thrt  eonkl  sot  leare  ttom  free  from  »  w.picion  «f 
»tpeog  prejudice  or  bias.  *^        ' 

*ii?Sl^?f'"?*  *""*  ''•"**"'^  taken  apoa  himself  to  remember,  with 
tt*  greatest  raimttehes*.  cirwii    ^aneea  of  a  frtrolom  nature. 

lie  i<emembered  th:tt  %  ci.eek»  wn«  iweUetl  with  the  («ba<iee  I 
put  to  my  m<wth.  ^  wM«ieei 

lie  remembered  that  ay  neckcloth  Md  f  est  were  soUeA.  «ad  the 
tobjcce  was  distributed  about  my  face ;  and  whe.»  hi,  e,amto;Mon  was 
wad  over  to  him.  ?iis  recollection  was  so  cjitremeJy  aeeurate  as  to 
wwf^l't""*^  eirctimi^e*.  that  he  insisted  upon  what  had  boei, 
I^tJ,  h  J  '*"  Tr'l^  " '°  "^^  '•"^*  "  *«"  »"•  '*«""•  P*rt  of  my 
C^Il  V  rS'^  '^  V*^"*"  °"  *'"'  P**'""""*'-  »««  '"  contradicted  by 

Sr^tlir.  'I^r'J:***'  "•^'*'"^'  '^'^  no  less  ohservkHS  of  minute 
•{Mttntatances,  and  whose  memory  Ib  not  less  tenaetoue  of  them.    Co- 

*^ III!:"      r  T"*'!.''  ^  •""  '^*»  ^*^y  P»^'*«"»'  *»  -tatior, 
tut  tk«re  was  a  mark  made  by  the  tobacco  over  one  of  m  eyes ;  he 

wW  *o  tery  mimtte  as  to  observe  that  it  wa.  orer  my  left  eye,  though 
1  believe  it  is  not  so  recorded  in  his  testimony. 
I     mjor  Snelltog's  correction  with  respect  to  tho  sitdation  of  the  to- 
lNM«o  on  my  face,  will  not  appear  hi  the  record  of  iTls  testimony;  bot 
it  wUI  be  brought  to  the  remembrance  of  the  court  by  my  remioding    • 
mm,^  that,  when  Major  Snelling  proposed  the  alteration  in  the  recorZ 

«y  fS^e.  I  objected  to  iU  being  altered  on  the  minutes,  and  wished 
that  It  might  appear  from  tbe  record  of  the  evidence,  that  this  was  a 
jorwetioft  of  his.  But.  gentlemen,  the  optoion  of  Major  Snelling  that 
'.'^  ;'^#r  the  influence  of  pergonal  fear,  as  well  as  the  same  op|. 
mon  of  oth^r  witnesses,  who  h  e  very  nearly  foltowed  his  words  In 
Ih^ir  description,  is  fprmed.  as  tiiey  avow,  from  my  appearamse,  and 
from  my  situation  and  conduct  ip  the  fort.  ' 

A  correct^  certain  judgn,eDt  pf  the  eiams  of  the  mipcj,  |i«i 
»dlcat«9ns  of  the  conqtenanco.  or  from  mere  personal  appeai^poc*. 
«aB  hardly  «T«f  be  formed ;  and  it  m>|st  be  infinitely  diffifjult  to  do  so 
wh^n  fatigue,  jl^jety.  H  »  great  rwponsibility  may,  al|  at  the  same 
tune,  be  prodiifttiig  tJMJr  ^jfej.*  1 

It 


m^ 


106 


Major  Snellinx.  tlioii)<h  a  very  young  gf^irtlemufr  iriM  t«  be  pr«Min#r 
e^Umsareat  acqiiireincnti! ;  ami  U  woaW  sectn;  ffota  t^UMlnaaoY, 
that  tlie  human  pansioDs  have  been  the  object  ufhiir  ttndf.  He  Mm- 
ductn  bit  tesliinony  on  tbi«  point  with  these  trords :  *•  I  have  b^» 
taoght  to  b<!lleve  that  there  are  certain  haman  panioni  irhlch  lire  Itf* 
dicat«H  by  appearances ;  and  the  appearance  of  Genci^  Bull,  hi  tt» 
niin<I,  indicated  fear.''  ■^ 

I  hope  that  these  profeHsioni  of  Major  duelling  wiir  not  giro  hiii^ 
nlon  an  unduo  weight,  becaase  he  lias  not  telld  us  In  M'hat'iolKMtllid 
acquired  hi!i  science  in  piiysiognomy ;  nor  hita  he  given  us  the  mies  h^ 
which,  when  the  rnind  may  be  under  various  oxuit«itients,  he  can  dis- 
tinguish the  appearances  which  will  indicate  thb  |)remim»^  «if'  mb. 
over  the  other.  Major  Sneliing,  I  have  no  doubt,  wtien  be  g»lM  mere 
age  and  experience,  will  And  that  the  iridicatibiH  of  appeailuffcM.  in  InN 
spect  to  the  human  mind,  are  fiilhwious.  ^'>' 

His  own  case  may  aflbi*d  an  tevidenee  of  it.  I  myself  and  imuty 
who  heard  his  testimony,  and  that  oif  many  otiiers  of  the  witnessei^  and 
marlced  the  manner  of  it,  thotight  that  th«y  manifested  gmat  p^tMlnti 
and  prejudice  against  m9-4hat  they  seemed  gratified  with  the  op^- 
tunlty  of  flirnishing  condemnatorf  evidence.  These  appearanetti  riiS^r 
have  been  fallacious ;  bqt  if  they  'wan  so,  It  Is  strong  evident^  that 
the  most  erroneous  conclusions  may  be  drawn  frbm  expresskinsoffetMt- 
tenance,  tone  of  voice,  and  eagerness  of  mariner.  **  '  '•  ><'t^> ' 

I  beg  It  may  be  obsorv'ed  that  niost  of  the  witnesses,  eicifeept  jHjde 
SnellinI;,  Who  have  given  their  testimony  on  this  point,  did  mt  seeiil^ 
in  the  Ibrt,  until  afttir  the  flag  was  hoisted,  when  there  was,  of  cot«ri^ 
»  cessation  Of  hostilities,  nor  until  after  I  returnedfrom  ihH  t^f.  "i* 

The  witnesses  hare  all  endeavoured  to  impress  on' the  Hihlds  of  tftii 
court  that  I  intended,  in  all  events,  to  make  an  uncondilioi^&l  kurt^- 
der.    if  this  wele  the  case,  where  was  the  occasion  for  pelii/riii&l  fi^r, 
after  I  had  iarited,  by  the  flag,  a  negociation,  and  had  8top|icd  tlie 
enemy's  fire?  Major  Jessup  saysl  tbat  when  he  saw  me,  befdrn  the 
capitulation  was  signed,  I  appeared  greatly  agitated,  biit  that'  after- 
wands,  I  was  entirely  composed  ;  and  yet,  as  Major  Jessup  did  not  ^e- 
me  In  the  fort,  on  the  16th,  until  after  the  negociation  was  commemied,  ■ 
there  was  no  more  ground  for  agitation,  IVolto  pergonal  iTenr,  when  Be 
saw  me  on  that  day,  previously  to  the  capitulation,  thin  there  Yva» 
ailer  that  event.    '  »i  f 

There  is  a  part  of  Major  Jessup*s  testimony  which  is  ccrtaftiywft-- 
thy  of  remark.  His  power  of  jiniglhg  of  the  hnman  pa«sl6ns1firdhi  if]^ 
pearances,  is  even  8upert|>|  to  IVtftjor  Snelling's ;  bei-ause  frdm'lifs'tii- 
iimbny.  it  seems,  he  caul  jp^Vceive  tlii  appearances  when  the  btijectis 
at  sonae  distance.  He  stites  that  when  he  and  Mr.  Diifgan  saw  Me  on 
horseback,  on  thd  l5tb,  I  appeared  to  be  frightened.  One  6f  tlidnb  said 
we  must  cheer  Him  up.  We  mn  appfOafet^a  bin,  M^  the  witneife, 
and  spol^e  to  him--heiipii>eain(PJiia!e,^^A^       tl^  ttife/tad,  aiicbtiifes 

M 


v-v 


107 

t«  tllil.  fMtUmmy,  ptttmired  that  I  was  frightened  while  I  waa  mi  lionic- 
iMpi^ja  tjivjiofr  iM*  ihn  enem/'i  fire ;  and  before  they  had  auprooclwd 
nw,or  ipokftams. 

I  tio  ott^nf  that  OB  the  iderning  of  the  16th  I  wm  jtreatly  agitated, 
»yllodj».it«»  worn  with  fatigue;  and  my  mind  was  filled  with  tho 
dfw^aft  MEilety.    On  tJie  one  haRd  I  well  knew  the  conseqiieuce.  of  a 
loiTender.    I  knew  how  unfortunate  it  wa»  for  ray  country  that  I  shouiti 
li*obNg«d  to  yjaldi  I  taw  the  oouiequsnceii  to  myself;  I  knew  that  the 
<llrai>fioiat««Qt  of  tii0  Jiigb  •xpMtoUoni  which  iiad  been  rained  would 
be  eteiiged  to  me.  aa4  that  aJI  the  fkoJta  of  others,  to  which  in  fact  the 
fWilure  of  the  exnedition  waa  owiog,  would  be  laid  at  u.y  door.    I  saw 
l»o,  wim  was  uitended  In  be  ti»e  eOeet  of  the  oppotiition  of  my  officers 
to  a.  Dfwwuwthey  knew  I  most  or  weald  pursue.    In  proporUon  -ts  they 
ftHiad  we  decided  on  tbit  final  s|#p,  they  became  Insolent  iii  their  oppo- 
sition, and  were  most  so  when  it  waa  aicertaiaed  that  Uiey  would  not 
liwot  tk0  eMmy.aod  qquld  not  bepuoiihed  t>y  me.    They  foresaw  that 
igreat  reputation  wa^  4«  be  fwrohaf ed  ait  so  cheap  a  rate  at  appearing 
Ughly  aferso  to  the  surrender;  and  atUnwardx  pub/jy|hi|?g  to  the  world 
jJUIiey  «ia  and  did»  as  evidfiiee  o£my  criminality  and  their  own  heroism. 
^MfhlleaU  these  couaderatiou  eoUsted  ewjy  private. teeUng  against  the 
IWTender,  wynalodwaaagitated.by  tb»  opposite  dem^uids  of  duty; 
m  dreadful  conaequencea  of  uotuccenttol  roi|»tani:e.  or  indeed  of  any 
thing  less  than  a  most  deoisi**  fictorji  fijjed  boj  UwughU.    In  the 
mi4»t  pfM  people,  among  whom  I  had  Jiredio  long  as  to  be  known  to  al- 
m%i  fiym  hihabitaut,  all  nf  whom  io(4c«d  to  me  for  protection,  and 
B»«r  <  wbtMH  bad  sought  safety  In  the  fort,    I  could  pot  reflect  on 
the  IvKmrtof  ageoer^l  massacre  which  would  hare  been  the  cpnseijnen- 
M«^».<lefe^  without  emotioo.    He  wbp.  in  t^ch  a  situation,  could 
liairebeen  per&cUy  tr^nquiHwhose  appearances  aboaldbavediicoTerd 
Qi^^ta,tk>n,  must  have  been  either  1^  or  more  than  man:  He  mnst 
iiarp. been  denied  the  senoibilitiescoiaiDon  to ou^ nature,  or. been  en- 
iowiod  with  faculties  more  than  human.    ,,.    . 

.When  the  court  considern  my  situatloii;  bow  many  cd«ses  tliere 
were  to  excite  strong  eaietion ;  wiU  they  heiiere  that  the  witnesses 
Who  haye  te&tified  on  thispqint,  were  capabte  of  suoh  discrimination  as 
wonid  enable  theip  to  a^ceiYaiu,  that  the  appearanres  which  they  have 
described  proceeded  from, personal  fear?  .JM^jor  Snelling  professed  to 
have  been  uninstnicted  to  this  branch  of  science,  but  Captain  M'Com- 
mick  who  was  not  ill  the  fort  'i^ilj  after  Flndley's  regiment  marched  hi, 
quide  no  such  preten«io^ ;  -hf  appeared  to  found  his  Judgment  on  ^is 
OfttHral  instinct,  and  indeed,  he  did  rl^bt  not  ^p  make  a  claim  which  was 
.putofthe  first  stage  of  cfvilteation:  to  wl<|^  raak,  nQtwithstanding  liis 
,,t;awdry  regimentals,  it  was  evident  he  belonged. 

Sevjeraiof  the  witnesses  have  given  Uieir  opinions  on  this  subject, 

jrithiess  confi«lence,  and  ii<>fB^.  qualifications.    Colonel  Van  Horne  has 

c#uittci  ,t^tj3ir«  Wd  ftmk^,  mj^iHYaMipi  tb  the  appeariMijWE 


whicli  ii6  described.  His  belief,  howe«eiv«ii  >te(i»fc,t^etamto  ■««» 
■Hear,  he  says,  he  formed  froiaac*wp8riwaofCsMw».liyf»jM«fcJ««B^ 
ed  that  mine  iadic^^ed  fear.  .    ^.^  „,/,.,.-     -^ 

I  believe,  sir,  that  in  the  ^mn%!^mi  ii(  eomUmmH»J,^A^i  ^ 
surroundfld  by  my  officers  at  the  time  of  the  sarreader.  «««t(  (tilted 
eKB  might  have  been  ob««rv«d  mtmm.tUemm^mmMmmm  of 
their's  and  mine.  U  mj  •^mt/BommvapreamamiKAiS^^^^ 
have  shewn  traces  of  tfa*  paittfal  wuti^t^Ay  irMW,  lJi4d*w»«««iMv 
«d,  and  marks  of  flw  d<»|M«tii«fi*t,fc|  tfw^NalimlsJM^ 
«ed  to  pursue;  wWIe  olim^lkmmi^p^Amii^tmUm^mAimi  tM 
wultaUott  which  the  wMsof «-«  ci»f(B«i,,tilw»,tJMiRlook  BMBitlMt 
they  my  tbJBk  a  fallfmiiiaii.  ^^,«  »r^ 

Poiflibljr,  ther^  B»y  hiv»  ^^ui^momA  m».tbomwkomi^md>wkm 
coun^oaocM  o«|»«fMd»*  j«w»  <»i«.br  ^N^'a*^ul^  «» 

obasedper,o«4,ec,rify.  «4  ar4,ided  »  *^^ 
a.  ih^y  suij^,  <^#i^^fe,r*||i^.flM*ai,gBr4,«,  ,,.       "^  .^ 

Jowsplnte4;,jUmtrtv  ^,^powvbe;wj«  d^^^ 

^ore  of  the  maiis  .rf^lwcce  5U.iw.f(p.,o^^ 

these  giPMiMf  »^hic)i  will  ,««i^t  ♦«iBchploa^bat4f  to  aOtet  «bo43& 

Tk  "^.   ^^  "^^^  »»*»  ^'fflS^JiMw^his.a.i^tto^^ 

tobacco.  I  *'^lrdlnmv,sit^t^mm^''^^m,^y^^^^ 

testiii^  of  CoJwel  i«Wer,*ho  |sx,v«,  l*atJ  had  ababit,^rtM«*i«ftht 

togtad  produced.    It  is  koo»rn  th»t  fflH«  tJiew  i, a  4, J^ 

JS^i  SlSf  ^^f*^)*^*«^to^s«.  :»,b^,^ 

iiliind  IS  ipncb  ocoi^ed  i  evfn  the  excU^m^,  that  some  oK|be  #M»M»> 

ijl  who  use  tobw?«*.  felt  wWJe  they  fw*  wider  «xamHui«iwL.drti««l 

t&ii  floor  iPitlf  tlwi^wpeotorations.  .•  •"'*'»**»^ «»««« 

Major ^unson saw  me  in.the fiirt  14  wiantesafter  the  oiS^ 
Wm.  He  doesiiot  retolteet  thftt  the*,«onade  then  contiauwl.  mtt 
I  beg  the  court  to  re»wk|  tb»t  he  •p«ak«  of  atlme,  to  which  the^i^Mi- 
vovf  of  i  any  ofthe  oflk»n»  who  iMve  Spoken  of «ty  pereond  Mppe^ 
ance,  huist  refer-He  says  he  saw  aothtag  which  might  not  fe«ve  boi 
accounted  for.  w/thout  resorting  to  the  MiipojritloB  of  pewonar  fear 

Captain  JWaiw^jll  did  not  see  me  «n  the  l6Ui*  biit  on  Ifae  10th  bo  ««w> 
BMJ  toft  f^uaUon  where. I  ^m  exposed  to  the ^ of  the  «iieo^.    He   ' 
Wy»thatl  was  collocteawd cool*    Hofalfo^msvyou  yjiybewMio^K- 
jed  to  notice  mj  app*M«w  r  ai|d  Ms  MsUmony^sof  somoiittporti^ 
Jecanseit  sbeivs,tbat,a»fwly^ttH,  tt,t|»«fro»  Canadaj JiToZw 
luMi  l>eg|in  to  propagatoimpulattMis-oft  aiy  eournge;  and  boci«i**fc 
t;e«t,mony  mast  relato  to  Mw||ii»  ttme  wJioh  Miyor  Jessap  gaya  Jtt 
«aw  me  on  horseback,  w»d  olwrT^«Npbitron|4«dtea«oo,,ofAarr  .it 
8i>  the  opmhms  of  th^w^^-witows^  .^  .4^,  iwositjoa,  ^^ 


109 
Wt)"th»  tiUM,  Mfijedwltl,  Hie  eneinie,  of  bb  cmatrr  or  th. 

tirnoBT  on  this  noint   wTViif^  ttij  abrd  a  key  to  much  of  m  teS- 
ili«tlow«f1ZrSLZZ  f^^       ^**™  themselm  #itfe  «>i,.i- 

««d«tt6tailaenooofpe«oaa»fear.  becme  Uufret^def^.    ^ 
lt.urtot*trjrm ITh^'  *':;*  eoIonelMurers  .„.,r^  to  the  Intern*. 

Snil^  J^k!  r  .   ^^* '"  *"  *"*  ^"'^  ^^^'^t'  ^'though  he 
w*^B^edi«  the  fort,  and  I  h.d  be«a  i«  thetorti^sslh^^  thfe W- 

Zr^i.^-^   .      ^  ""«'"  •**' '**^*  P«»ce«fe*  frdw  fSiigue  and  the 
«V««iW^  of  o^  «ituita«i,  a^drn^^^^^ 

S^^^SL^tS       '^"^^  ^«*r^PP«rttf.i»tr  of  6b«er.ii^  W- 
""  ■' '*  s"^*«ar«»«iiMPny ,'  nau/of  itfrorb heart 


\. 


the  report  of  aa  eneujys  gun  for  the Jpit  tim^,  .at  ^  time  to  which 
their  testimony  relates.  '<»  •     WP  Mfi^  «?  VHWjS 

li,  gent  eaie...  your  decision  upon  this  point.. ^wl^stupoM  .tto 

weight  of  the  opinions  given  by  the  >vitpQssef?  calJM.by  t*fi  JadTad^ 

cate,  the  prepondemnee  would  be  in  my  favour.  The  opioloJcoIwS 

Miller,  he  ha^hig  been  placedin  a  situation  whfchgavebm  suehJ^: 

nor  advantages  Ibr  criUcal.  deliberate  obscrvaUsn,  WMSt  deserve  mow 

respect  than  the  testimppyot^U  the  ioqxperi««c«d»&dyottng,^^ 

only  saw  ,ne  occasionally. on  the  inomiDg  flf  Alw  1,6th,  wid  iwhahwc 
attempted  to  support  tl»is  charge  by  th^ir  oplniow.  '^'^^ 

So  far  as  any  of  thq  witnesses  have  Ibuoded.Uieir  opijHoi^tJtoUwM 
under  the  hiflu^ce  of  persoiw^l  fear,  .,poa  the.  act, o*', surrender., »^ 
the  case  with  Colonel  JWmer<u,d  Captain  Bake.:  and  others,  mtZti. 
many  can  have  no  weight.  Tb^  cpnct  have  tfie  same  opportunitj  of 
drawuigsicomjlusion  from  that  fact  that  they  Ijad.  i  havp  endeawnr- 
cd  tosatisfj.t,bp,cwr.t  that  %m  a«t  was.J«stJA#te..QrM.l^t:thaU 
had  strong  reasons  for  thinking  it  sq,.  and  if.  thi^  w»»  the.  cas^,,  it  cant 
not  be  made  the  gromid  of  wnderonaticu,,  because  witnesses  mj  have 
made  pt  the  foundation,  of  thpir  opinion  of  my  want  of  courage 

But,  gentlemen,  there  is  BO  example  -  fthe  opinion  of  witnesses  oa 
this  subject  ever  having  been  received  as  evidence  on  which  to  «rouad 
aconfk;tion.  ,»  a  "-w 

Expx^omfxim^vm^  countenance,  and  the  manwei^  oi:meB.are 
but  fallible  u:.l.oalions  of  the  workings  of  the  human.mipd.  Tbi^dilfefi- 
e«ice  m  appearances,  produced  by  tlie  excitement^  of  different  pashms, 
aie  too  s«btk^  v.«  ..dinit  of" observations  from  which  any  c(«,rjl^sions^y 
be  drawn ;  much  depends. uiion  constitution,  and  qftwi HWMShLupott.Uie 
temporary  physjoa!  condition  of  the  body.  , 

A  mai>  worn  .^ith  fatigue  of  body  or  irind,  and  pressedJJith  *  thou- 
sand dreadful  anxieties,  may,  though  on  the  point.of  iaevitj^bje  destruj^ 
tion.  forget  bis  own  late,  and  be  only  moved  by  the  condition  of,.tho«3 
around  him;  while  the  superficial  observer  i^ould  impute  his  acita- 
tu>n  to  the  dread  of  doath.     Tho  uneducated  spectator  who  hi  n^ 
been  feiught.as  Major  Snel ling  ha«  been,  Uie  indications  of  human  tm- 
sioas,  would  most  probably  see  m  the  countenance  and  manner  ot^e 
Laocoon,  only  expressions  of  terror  and  bodily  pain  ;  and  would  not 
understand  that  the  artist  has  expressed  in  the  countenance  and  con- 
vulsive  agitation  of  a  dying  father,  agony  of  mind,  excited  by  the  tw- 
ture  of  his  esfpiring  children. 

There  never  has  been,  and  in  justice,  never.'can  be  a  conviction  under 
Urn  charge  of  cowardice,  but  when  a  want  of  courage  is  indicated  by 
the  ammimi  or  commUswn  of  spa^e  act  io  violation  of  the  duty  S^the 
person  against  whom  the  charge  is  made. 

l^hal!  conclude  lay  observations  upoa  that  part  of  ^e  eyidenc^ 
which  relates  to  my  personal  appearance.  v.i.th  some  lyttracts  lro,a  an 
J»JgUsh  Jlistoriao,  who  giyiis  aa  account,  of  th:e  trial  of  l.ofd  G(?qi^ 


ni 

T»-  *    «_*'^**  ^as  trWa  for  misconduct  at  the  battle  of  Miuden 

^^hIm^STSmI'!!'  ";!''*''*"«'* '"  *»»«  "t'""^*  <^onr,.sion  .•  subjoin, 
tetams,  IWfli  Which  the  following  arc  extracts. 

«*«^^^1f.S5t  ^'"  «r*'"'«'««' detormiire  whether  a  m«'« 
Sr^^h^il^  ^T  ^*t!^''  "^hl.  com^i..,„„.  granting  .uch  a 
t^^^^^^t,^^^'  '^^'''  it  was  likely,  that  an  officer 
Who  Jrtd^b««tt  mbW  than  once  In  actiitf  service,  and  behaved  without 

it^a^Z^  *'  aftaih  an  eminent  rank  Ift  the  *rmy,  should  exhibit 

S^^f^wur'  "'*""'  '^'''"  '"  '•'^''^^  ^'•^'■^  ^^  "«  appearance 
%T^rr  f  *•*  respect  to  the  Imputation  of  cowa«Hce  levelled 
trJ^^  ^,1  ^^^  tfnthlnkln?  multltade,  and  circulated  with  such 
^M^^T^fl^:''  ^* "^"S''^  '-  comider  it  as  a  md6-acc«sation. 
!rfl!.  »>^J»tormfen/fereb  the  great  Date  bf  Marlborough,  could 
!f  «1^'  7i**'^**^^'«*^"'^^*J«^«eroas suspicion,  which  strikes 

tbejoMierHas Required  m  a  long  course  of  paihfttl  services,  and  at  tlie 

X^rLr^l"''"  '"""  ''''  <^^iiomttmt  it  as  a  thalignant 
^^j4ltogeth6riDconsistent  with  the  Ibrttier  fcondact  of  the  pd-son 

The  testimony  of  some  of  the  witnesses,  appears  to  have  been  intend- 
II^K        '  '«^»''"«»ted  a  want  of  cour^.  hy  certain  acts,  du- 

Z^.uTTf",'  ''''"'  ""*''*'  '^"'  i^onthe  16th;  thebe  arc. 
m^^llT    ^^^""^""^"^  ^  'I  walked  towards  the  fort,  when  a  shot 

^Z^  ^  t  T  "^"''*  ^  "^***''"**  ^  *"«"'  ^»'J«'>  appeared  to  be 
'•ora mg  .nto  the  fort ;  anu  that  1  remairied  in  the  fort  ta  a  place  of  sei. 
curity  during  the  cannonade.  . 

^«!l*^.^^^®*'*  *"  ''''''  S^n"emen.  that  if  all  these  facts  were  cxact- 
^artfae  Witnesses  could  wish  them  to  appear,  they  would  not  support 
»mf  cliarge.    If  1  found  myself  unnecCssarHy  exposed  to  the  shot  of  the 
enemy,  by  bemg  oji  horseback,  was  it  not  my  duty  to  dismount  ?  Is  it 
.^r„r'!!*^ff  '  dereliCtfon  of  duty  in  an  officer,  to  avoid  the  cxplo- 
ston  ot  a  shell  ?  or  is  it  unjustifiable  h,  a  commander,  when  in  a  fortress 
tftat  is  bombarded,  to  put  himsei:  ^  i  a  place  of  security,  provided  he  be 
W  such  actuation  as  that  he  may  give  his  orders  and  perform  the  ne- 
ujssanr  <h.  ty  of  his  station  ?  Judging  from  what  I  have  seen  of  service, 
wftb  the  bravest  men  our  country  ever  pmduced.  I  may  venture  to  say 
uiat  the  court  would  answer  these  questions  in  Uie  negative.     But  y^ 
I  ttust  ask^the  patience  of  the  court,  whilv  I  give  the  testimony  which   • 
has  been  dffered  on  one  of  these  points  ;  that  i.  to  say,  my  remaining  in 
the  fort,  and  my  situation  there,  a  slight  examination.    The  others  f  do 
not  ihrak  worthy  my  attention. 

Major  SnelHng  went  into  the  Ibrt,  when  fa.;  returned  on  the  moniin- 
of  the  16th  from  Spring-wells.    He  was  roused'  IVom  a  repose,  after 


...  vuiuiinjukt.iuvut  vt  me  CUQQOn- 


ade     Hyemtined  there  till  after  the  flag  wMt  (Hit.  wh«NiwMM« 

.vith  orders  to  Colonel  Findley's  regiment.    fieapJ^^K!^ 

turned  to  the  fort  again,  about  the  time  that  th^  $ri^otee«  w^^ 

into  Dyson',  quarter..    In  short  Major  Snelliag  waTL/^S^ 

.ngtohis  account,  during  the  whole  time  of  the  can^^Trtte 

10th.  and  until  the  British  tn»ops  marehed  io.  withX^rCtfa 

veor  short  interval,  between  the  sendfag  of  the  flag  aod  VM^^ 

render.    Now  during  the  time  of  the  e«nnonadprM.JQrZK^ 

jne  st^d.ngbut  once.    His  memory  i.  so  ex^^ly  CJo«.^^ 

mimitest  circumstances,  even  of  a  friroloas  iiature,  that  he  wiiroak 

adm,t  as  apo.sitoity  that  I  might  have  ri^en  tnic^.    The  worTS 

^%.r  bnelltag  are-"  Daring  the  cannonade,  I  freq^entIy  .aw  l^ 

th^rJ^T  """"ur  «**»«*'«'8-1f  «»i«Nhave  risen  twice,    m^f 

the  t.«e  he  wa,  «  tthigon  «oldtent,.,nder  M»ec«rtaia  of  tb.forTo^^ 

posite  thf  <»emy*8  batteries.'*  **'"^*>MI»» 

Whether!  wai  sittiiig  or  stanaingjn  ib^  ^tuatiw  ifhich  MatarSnek 

,^08}tioa.    It  iR  thertfore  extraordinarj  that  «P  jinimDortaat  a  «in»im. 
%Z  S:;:!^V^f^^  ^^  ImprTiTrmind*^^ 

adv^ate.  does  not  appear  to  correspond  with  the  recollection  of  S 
Snellmg.  General  Taylc^^„  testimony  is  certainly  worthy  pf  4Z^^ 
It  appears  that,  though  Major  Snelling  thought  that  my  telcmg  a  post 
tion  Muder  corer  of  the  parapet  of  the  fort,  during  the^^,^ 
eriden^^f  cowardice. yetW%W  5„e«m^  Am^elAit  seem^ 

Taylor  say,  he  saw  Major  Snelling.  as, irell  as  many  other  ^f,^!!* 
:Sr?:::^^S""*^  '  .eneraHyoccple/duri^^:^ 
Captain  Baker  says-"  On  the  morning  of  the  16U..  dorinE  the  **«, 
nonade.  I  saw  the  general  in  the  fort,  sometimes  si;ting.^uZ 
walking,  and  sometimes  standing."  ^'^'"^ 

Colonel  Miller  also,  states  that  I  was  someUmes  sitting,  sometia^^ 
*tandmg,an<l  sometimes  walkiqg.  ^^^^imm^ 

^^Indeed  there  «,uld  harp  been  no  reason  for  my  remaining  preeiteljr 
m  one  situatK^n  daring  the  ca^nonade,  if  I  had  been  a^tu^ted  by  in^Z 

side  of  the  fort  was  as  se*vre  in  one  part  a*  another.  If  there  wetm 
a.^  reasons  for  giving  preferar.,  to  the  spot  wh^re  th^  witU«^ 
eaTuv t  f^'i  '"  Tt  ^^^^^  i^-^  «ita^ion  where  leoS 
h«  L^!rf  '^^^^'^  *'  '^'^  "^'^  coarenieat.  ^  ColoneHlttl|.T 
Fr^l  t  '      [Tr.  sports  and  to  give  my  ord*«.  ,t  mJl 

F^  this  post  I  had  the  whole  inter^  of  the  fort  unde,  mrvim^. 
an^  could  coifimumca^c  piy  pr#r?  tp  any  part.    Was  I  not  tbw,  ini^ 


m 


^^^^'1  m^t^f  f  ""^'^  ""^^ '  '"^^"'^^ '« t"-  fort 

S*l^^f^^*3^^  -''^"***  no  9rders  for  a  disposition  of  th. 

--  -Mmmha  xfhiJ^;  it  ^     }  *  ^*'«»  ^a^e  him  directioiw 
^^S^mJ^lt^^P^^^  of  |<,e  ti-oops  for  the  defeno* 

a»m  Idth.    What  fott  JX  i'thl'^^^^^  '^«"  ««  the  15th 

View  I  beTthec^uTT^^.^'^l''^^'^^  m, 

s*ys  the  imdor  "  I  JnMZ!v2\T  *"  '"^'^  ^«  ^<^  "  BuL»' 
kiHWrlrheM  Ife  wai.'V  ft !»  been  n^*S  k  *•.  ?^^  ""^  ^^'w 
w«out  of  the  fort  at  that  £1^0^!?^    L"*'^''  '''*''"^^^'  «'*'  JT 

I  ^o  *Wokr  ha* at  ST^S  j"  the  fo..  .t  th,t  ti.„i  « 
oh^»«*.>a»ig*r  SaeiHmt  do^sMaS^^^-"'"  **'  «PP«arance,he 

-f^x^Sg^:^:^^^^  ^^^^  tpjp^utaticu!: 

^  "       ~ -»•  •'  *  «"flier~X'«  hare 


114 

iljese  imputations  cast  upon  me  l?y  .M|»wepUtto»s^iaf«ai[te^  to'  iii^ 
me  appear  abjectly  and  disgastk^fy  Imlw^Tq  he  ijljUWil  tt;  |^  gj^' 
iiame  and  fame  polluted  by  the  lesUaioi^  which  j^le^n  glteB^^ 
be  obliged  to  repeat  the  language  of  the  witiMMe*  io  mylii^iB^;  <iii) 
in  themselves  punishment  banlty  j^ferior  to  f bat  wbie^  Vcmlijr  %  ili& 
consequence  of  your  pranouQcing  mefDiilty««BHt,geatl^n9«iD,  of  ti|V 
upon  this  cJiarge  of  oawnrdioo,  I  sm  haM  to  sfjr  I  have  iw  drand.  ^^^ 
I  have  fought  iimr(i^h»u4<a8. than  maoy  of  fte /ou^  oi^iijlwln^ 
impeac]iedrae«f  thir|irinyni^hace,niiinberedy«KF8.        '  ^  "  '  ^  " 

I  appeal  tiythahitUitj  tint  bmrs  record  of  tfaose  Mio  mmk^i^ 
in  the  bloody  «ont«»t  for  qu?  liberdefr-JOw^  yoQ  sfaaH  dflm  flkid  |l# 
name,  but  not  as  coward  J;  ^.  .;,,..        ..'^'\,'^'''  ''        '•'''■.■  '  •  "  ,^ 

I  have  brought  ^tbre  yoQ  4:^  i^tJAony  of  the  feV  trho  matfii  jif 

thoad  who  wem«y  coiofiatlkww  |n4|a|Hi,  ii  JUn^e?  ihat  triW  m^'a  f|& 

—Do  they  say  l-^oj  .Ji<^wafa??.|hi)K'te4i»  Spirits  of  the  dttpart«d 

.JeiM»«ba*b»»«»f*i«I^ti^T,|i4,f»yJ*'i»^      tteenerot.  to siyit 

;iam^».,o*»wdv  vluWOKWi<«ai.thqiM'a«;»».cif<latesr#fy^^^ 

.an» of ;Wa#bfii9lD0  %  UU  jpi,  *ip,r i  >»  they  bav«  led  lim  UibtM, 

Will  yiw  teUetre  ti»t  f  h^^pJrit  s»W«h  to  so  otten  prtnnpteif  iM^le 
**^;fff  Hfe^  toy  WK^uj^y^  shoiikf  now  solar  iiare  •ibrmkeb  me  W 
tbitli8houWhjbX5e,Nc<#fl?»t,v  :w^  ^      .^ 

Willyq«  beUevBHthKt  th9  yeJM«  ip  wfeich  f  htive  ^wn  grey  #  % 
<^ntt7's  sei^iee,;8hQuidw  far  biive.«h»  k  th^t ](tj6i^ 

liaire  b««a  the  JNUw  «BdAl|i^t:t|iiag.my  enemies  haVe  ttj»re«ei|<e^f 

W«,  gentl«ineQ«4IWt  hiped  wtdGh  trnhnaied  my  youth,  age'hai^^t 
cMlted.  'Iatti«iin»#ei|trfeelitf  tofluence,  and  it  inakes  me  dar^\> 
say,  that  DO  man  ever  did,  Qir  can  tiUmk  me  a  eoward. 

Befm«  1  looeMe,  permit  hk^  to  jay  a  tfewwortlsl  H  may  be  liipught 
that  i  ^a»9»po^a  of  the  offkers,  wlm  have  beeb  witnesses  again^  rae, 
with  too  much  asperity.  They  have,  ia  my  opinion,  forfeUed  iiti  t^ms 
to  my  respuot-^bBt  I  do  not  mean  to  charge  any  of  them  with  WHfoI 
perjury.  I  believe  they  have  imbibed  a  prejudice  and  bias  against  me 
tvWcfc  hag  JikilueBeed  the  perceptioiis  of  their  own  minds.  My  object, 
ty  the  examination  I  hare  given  their  testimony,  has  been,  to  iwrite 
that  bias  and  prejudice  appear  to  you.  Many  of  thera  ^re  yorfng  men. 
who  give  tlieir  country  great  promise.  Many  of  them,  I  believe,  have 
goodhearts— ani^sueit,  I  &now,  will  one  day  regret,  that  they  should 
have  yielded  to  an  influence,  which  has  uiduced  them  to  repvesenlme 
hi  coilors,  that  th^  will  be  conscious  I  have  not  deserved,  f  fcot»«r  tire 
tte»  wiM  tome,  whm  they  wiU  consider  how  they  courted  my  favor, 
when  I  was  in  power,  and  how  they  treated  me,  when  they  thought  I 
i<W(  to  disgrace,  and  &aw  me  iqadyersity. 

l^hcttFtfaat  tinm  comes,  ami  caim  I  am  s«r«.U  wUI,  let  li  tie  a  con- 
'i«81ation  to  them  l<>  know,. that  whatever  .m»y  b^jj^y  f^te,  r  pfty .  and 
from  my  heai  t,  foigive  them.    I  have  now,  gentiemen,  concluded  lijy 


m»La 


115 

,%^4  H^r^^J^^^  «y«'y  Mcusatlon  which  tlio  judge  advocate 
^.*^.oj»^«^  «^  tfc^  ^^:  «mkmd  as  tJiose  which  he  shoald  relv 
ai^u,  .«d  lirW^  to  ekpected  to  himiotain.    I  have  not  left,  as  I  be- 
^*^PyB!l^tS^,MJ^  «i>eciacatt6M.  to  which  any  testhnony  whataver 

Jr^i%  •!"«' J^f^.pi^e'W^^    ana  geotlwnenof  thejcourt,  with  the  most 
hwt6j|  Mii^p  ty,  to  return  yoo  my  olncere  thanks  Ibr  the  manner 

^*^1/^*T^^?*"*»^^  FW  though,  as  I  humbly  con- 

oei»^  fI|eteIa«1»e«B  *6Bie  dep««tire  rhii»  iionstomed  forms,  in  re. 

I^h^j^.,^'^'oif>f^tion6tnitwii»en.    1  ||^«  that  the  court  ha» 

|^Jf»Tefn«^  by  nothing  hut  its  own  sense  Of  propriety. 
The  cpodm  6t  m  meitihen  of  thta  ewtrt.  aiid  of  the  judge  advor 

i^^?'t  '?*'??«»  «u«h  as  Ihad  anticipated,  and  Iffery  thiug  that  I  could 

,Wha^»«r  maylie  yoUrmmm^J  >lte1}«iw«y«.  with  gratitude,  ac- 
,k«ww|edge  that  I  hare  liaaiteyndSd  *hd  paMeot  hearing. 
y,5l.,^  feel  n^Xs^lf  »>o»'nrftiidake>rlfeuIar  jiefaw»Ied|*meBUto  the 
,^^  jadge  a4vocate.  for  thr<llli<»<gdyi»d  propriety  of  Ms  deportmeiit 
towards  me— amT  thought  m^  fefel  thelfetce  of  th«  tileiiti..#ftb WWch 
>e  lia^  conducted  this  prosecution,*  It  shall  not  make  m  foi^t  wlat  I 
•ive  to  bis  humarlty  and  liberality.  Gentlemen,  my  UtW  it  to  Vour 
hands-but  you  a*-e  guWaiaiis  of  T»Mt  is  more  dear  to  me^youfiro  the 
^luardians  of  my  honof.  With  you,  Ih  sacred  deposU^  i*  tl^rsword. 
.  W*»»ch,  la?  been  my  Companion  ih  tiiji^  that  ml|ht  h'4?e  appalled  the 
we^-hearted.    It  lias  been  taken  Wirtfrae,  'tlir  yoi»«haM  prnneuace 

t  »M^^'  *ff*  not  unworthy  to  wear  it.    f  feel  that  ln>  j»tice<l  may  d««m|id 

.I'l^y?""*''^  *'*^'i'  '  ^*»*"  receivekat  your  hands*  beliOTe.  tint  here 

id  yet  enough  of  heart  and  life,  iuiri  hi  this  ann  is  yet  oarre  enonc^to 

^.jl^wUinyindicationof  my  country's  rights.  ■      f^ 

;  )|lrt  shouid  rticeive  it,  toitarmshtd  by  youf  judgm«Dt,  I  may  y«t  liro 
to  pfove,  by  my  future,  a*  well  as  by  my  past  conduct,  bowl  have  b^eu 
€f4vm»'i*^edr--9adihe  justice  of  yoar  sentence. 
,     Oeiieral  Hull  here  closed  his  defence.    He  then  offijred  to  tte  court 

.  ^  followmg  written  observations. 

Having  now  closed  my  final  defence,  I  Imve  oniy  to  add  an  objection, 
which  I  am  compelled  at  this  ehne  to  make,  in  anticipation  of  a  privi- 
lege, whichil  uuderstaid  the  judge  advocate  requested,  viz.  that  of 
summmg  up  the  evidence.  As  far  a*  my  research  has  extended,. it  is  a 
privilege  somctiiues  admitted  by  writers  on  martial  law,  but  Mtreiv  ex- 
ercised-one  which  has  grown  out  of  the  reasoning  of  aothors.  rather 
than  the  adnussion  of  courts,— and  in  the  compilation  of  military  tcials 
io  Englaod,  a  t«litary  instance  is  scarcely  to  be  found  of  its  being  either 
cJaimed  or  exer<^«*!d.  The  reason  is  evident— the  judge  advocate  is  a 
,o..!pft!Jsn.-  par.,  <>.  ,ns  coui*ii*-^ho  omciates  in  the  urraiiKemeati.of- the 
testinwDy,  and  as  the  law  member  of  the  court,  acts  equally  ivhen  re- 
quired in  that  capacity  fei*ftieaifcSn'5edaadtl»gcvCTnmeut.    He  opens 


ti»e  cause-bwoause  hariiig  nr>iri«^.^iy  Ttniff if  Will  WMitHhi  tU  Jii 
Upiony  lorr  trial,  wme  dcvcIopem^^^^SSStw. 
pessarjr.  He  is  consulted  in  all  p«-iodi  of  the  UM^jisfarOtitaihaisM 
eral  duties  are  concluded,  hi,  fimctloB.  ^  ,^^^S^ 
of  this  court,  precludes  the  n««pilt^of  ^wnrttf;  «iritt,,TKn«S 
ed  hat  this  court,  noting  a«d  e.«X.lnl^Tt«tSir  rfa^SHS 
deciding  on  legal  questions  M  tbey  arise  oa  tbe  triftL^iMwinLihto  aid 
of  professional  ingenuity.  Th,t  tN  <Uh  IW«-S2?Su2«d^ 
ges  should  be  still  .>«W.pIete  wltl«M,t1S?;5SS^^ 
T*is  court  differ,  r.ry  «»t.ri.Ily  lh«.  otgJ^fL '  TrSSS 

aTtif™f  ?  K  '°«";~«P«t«'»t  to  d««W9J»»  Pi^mm  Of  «*u»ce- 
and  the  fact,  when  submitted,  gire  U>  the  «o«ft  .|o.,/the  province  of 
•^  ^f  ^  •PP««patlpn-aiid  the  ease,  ^  f^  piticduoe^^  the 
proceejin^te  the  common  hw  court..  i^,6y .00  ipewM  ptyjllel.-. 
There  jurle,  decide  00  the  lair  and  the/Jj^. ,  ^ended^,  thefS.  they 

XiZTSf  ^'^^W?^^^  *^  l-e-iaatloshL 
profcssiooa!  «^«f»i;v*nd<?r.^«!pp  ffi Jn^||^^^      The  neceNOt*  of 

ltr„rr  *^'  J^'  *  ^^^  ^^'^^^  ^?"^^^^^  ilts  Mulgence.  A 
matteiiJ  ofuiiUUrj  sk|I|--,yhether  t  m  aq  ol^r  ,w^  authorisfKl  in  not 

ber^tbe  court  wpuljl  |4>c«plH^|,  ,^^,^,^^^ 
ed  by  military  rules,  to  require  ^  comment  from  tljat  Mi-t  of  tha  iSrt 
placed  ke,'e  alone  to  facillUt^  tho  trial  ?  theiudgmwtof  Je  cw«7is 
tomeu  on  professKMial  disttactit,as.  wh|ch  they,  w:wilitanr  mer«m 
alone  kn9,v~^  therefore  neither  req^./^.  nor  a,k  the  airpf  i^fes. 
.Monaltalefit  and  industry.   Theusageof  o;ircountiy,as  faxMthfecoart 
xvpuld  feel  themsehe,  autborfajed  to  admit,  has  disoowtia«£Ju^ 
«ie  trial  of  General  St,  Clair,  it  wa.  n,t  peru,i«^  ^ SialS 
eeueral  Wilkuison.  though  expressly  urged  bj  the  judge  advoc^teJMr. 
^one,,  It  wasderiied.    In  boUi  ciises  t^  judge  adrocate  was  permitted 
to  open  the  chantes-because  it  was  necessary  to  giye  to  the  court  posl 
session  of  the  fact*-but  there  Afo  duties  end.  apd  the  functions  of  the 
court  commence.    This  permission  may  be  claimed  as  matter  for  indul- 
giienc,^,  but  certainly  not  of  right-a|id  here  let  me  add.  that  hoiTeTer 
graUfied  I  should  be  in  giving  to  the  judge  advocate  tlie  opportunity  his 
talents  and, industry  so  justly  entitle  him  to.    I  caunot.  consistent  with 
iniHt^  propriety,  refrain  from  objecting  to  a  mode  of  procedure  noTel 
and  uoauthoriKed. 

The  court  having  t,aken  the  same Juto  consideration,  decided  th»t  the 
judge  advocate  should  be  permitted  to  send  u^Jt^fs  te^Ui,,^:  ^0  the 

Alajor  JoliH  Aaderson's  deposition  read! 

Th^court  then  atyourned  to  aeet  on  WedMidir  nest  at  ten  ox^^^ 
♦Vedaesday  mornljjg  March  23d,  1814.  ' 


m 


milMlfer^awrtiBiboiatelii. 

"'-  •^•"•KHrli.    ■•■■■ 
"""       "    —      llmUj. 


t. 


t«.i. 


~    Abli. 


■'!, 


!«i<!  r 


Thf  eeart  tlMDadfdurM<l  id  liJeetto-iiMrroWiwiri^      10  o'cloi*. 
lliursdqriMraitil.aian^hSI,  IdTI.  r^^ 

Coart  met  poMnuitlil  i^nAile|it. 

The  jttdgB  iMlvocate  N!«d  tlie  pi^eei^iigi  ontu  3  o-dock. 

p6  Wttit  tlteo  ad)Dumed  toinedl  tft-nioiiow  ittoniing  »t  10  o'dock. 

ftkia^  mornfDg,  Mareh  25, 1814. 

Ttoe  court  oMt  pursuant  to  adjournment. 

iVeseiiit  all  the  members. 

(Wered  that  Ueut.  Colonel  Forbes,  a  supemumeraiy  member,  luiTe 
leavte  to  retire.  y^-.'.;- -v- .    .   ■■>■,■ 

GwtaftiiU  in  his  defisnee  haring  made  a;mplaint  diliro  ^ijb|^ts 
~lst.  Tiiat  tJie  i*itnetses  were  examined  in  the  presence  of  e^cjb  dtbet 
~-2d.  That  evidence  was  heard  in  support  of  cimrges  not  emtnaceiT  in 
<&D7  Specifieation. 

The  court  deem  it  prop«r  tbat  the  folld^ing  entry  be  made  on  the 
minuteg.  " 

When  the  trial  commenced  it  was  suggested  hy  a  member  of  the 
oourt.  that  the  witnesses  ought  not  to  be  exanUned  in  the  presence  0^ 
each  other ;  to  #hich  the  president  replied,  that  it  was  not  necessary 
in  his  jadgnient  to  examine  them  apart  from  each  other.  The  accused 
did  not,  cither  directly  or  indfrectly,  object  to  the  witnesses  remaining 
m  court,  or  at  any  time  request  that  the  witnesses  should  be  separately 
e*amhied--nor  was  the  opinioil  of  the  court  in  any  way  taken  or  re- 
quired upon  that  subject. 

The  court  have  not  given  any  weight  to  testimony  objected  to  by  the 
pr«onen  as  not  applicable  to  iny  iihargesciibraced  in  the  specifica- 


i 


The  deeh  WB  of  tiie  m>0im  ^mmmmm^m».fmmimm^ 

etWct^ce  b«ing  read  (wiMtlwrM!4lM|»«|tri^  p^iWfsilif^  <rjirilr 
fence)  •ppUeabie  to  tl|ftin(;«ipi!gt.  ilMCJ  t^iipti  JWiWtliW  .|>|>mhiiliip 
that  charge,  and  after  4W)<d(!Hb«ratl0ii  |l4i:|||iir«eA..UM  md-W*^ 
the  following opinl6«*Kjt0o»,  ,  »,     ,        ,f,  ^,„     , 

The  accused  having  In  bin  Inal  defeoM  pw>taitfMlj^||i^t  *^  MTt*#lv 

tf6ii  of  the  comtAtttmmijfimm  M*mm^.m^ikkin^^\^ 

court  being  that  the  obJQi^qr«ll(i  iit«  be9B.|«My^||4|i||ej||pK^ 
Men  pleaded  W'^miilmm^mmnimmymh^^ 
that  the  court  eannot  aei|uira  Joriitdiotlon  of  ttia  «tkoce  by  f^yiimihrwr 
oreottHMlotftlMMeltMd,.  t&ijr^epliiw  iW^WBfciirr%^|fS«j^^^ 

Tbeevideoee  on  the  nrbject  having  hovrerer  been  pubHekJij;fj||f|^ 
the  court  deem  H  propef,  io  juiticn  to  the  JtlwN^KwJIt  t«H»t  iiuf^o 
imt'UVft^hitm  ta^imm^im  «IW*|>»f§!l4  l»'6»re,t|ipiB,  Aba^j|rlg. 
adi«r<lmftr  aMItHlivtttaiiiifiiitt^iifii^iiytie^.i^eji^B  agjilpst  tbe,lii)it«^ 

{aSUif  hearing  a!l  the  CTldence,  aiiddpliw$fkeiHl>^^r  ^Ip^d^^ji^f^l^ 
^i«lwM)  the  «tti«  find >Bl%•di^|^Rf|^«^J^,  Williafl,^^  0«W»7.1^  the 
Jlntii^nd  ond/bwrf^  iBpeci&ettiwMciiipder  lAat  ebefg<>»*ff»d  tiimm^' 
tj  of  the  third  speeifieatipn  undertkat  ebwie,  ««eep|  tbiM;,||i|it  tfUeb 
'illlf|ii^lu»said^jBrjgaii»r«eoarsL  WillirimHelliriUi  «•  iM)4ddiaf  the 
"  Amerioan  artillery  to  fire  oo  the  eDeuy  on  tbeirmarcb  l»ww|^i»id 

Tie  court  find  the  siid  Brigadier  Genetal  Williaa  Hull  |ijyUijQrj^|he 
^MteeddchMge.  .  f^  mU  Ua  sm^r,<i  ' 

OhthtfihM  chfife  the  court  after  beviog  h^aiA  the  i^f i^fp^  (as 
welt  as  the  detenoeV  aed  >fter  du»dhiiber>tiea.  find  thg  naiA  %jg|^r 
iMierAl  William  fieU  gidttjofaegieet  of  dtttj  aiM|t|iiN>(||e«i^«kff  c^ 
dnet«  it  4ihtt]ged  ia  the  Ji»ti|wcHh,alioinnider  this  ehMiPrliioQiMtioc 
with  sufficient  care  and  fivquency  to  Inspect,  train,  exeieise«  eadti^er. 
i6d  Id  ciMieto  Iw^siMNli  iaspeoted,  exeniiaed  and  ovdere(tUM»,^roop« 
umier  his  command,  from  the  6th  day  of  July  until  the  I7thd»yji;4tt« 
tJ^Hiniiir  kod  ae^tfit  hita  of  the  residue  of  the  cinwie  ^oatajned  ia 
thatspedfieation. 
"Tbci  court  aisqnlk  ite mid  Brigadier  Oeaenl  WWijHS 9i#ttf  4ha  se. 
eoitd  M^  third  spe^&atioaB  of  the  same  daufBtv   >  v     .c   >  <  ;<  ^^ 

Thd  «o»rt  find  be  saidBcigBdlerCkMieralWUIhua  JVttilgiaily^^ 
whtil&of  the  firartir  speetfeidioA  of  thateharf*^  «iiM||ith^iItar|t  which 
charges  failni  wi^npl  seaseoaMy  »epftifjkig«  tttins  i-H  tiitjifpiM^tJiii^-nr 
causing  to  be  fitted^  repaired  aod  tmsispottBi,  tllmptm»(m^ffvikl^* 
rtages  wUcb  were  aeeessaiy  ta  the  oper^itms  of  tharir«fln  the  said 
Britiih  pM^inee  of  UY>p«f*€;anada. 

The  couit  find*^  said  Brigadier  GeneraT  Wflilntr4!Q|t'^n0^  of  so 
raueh  of  the  fifth  specificathw  to  thsit  change  «  relates  to  neglect  of 


t.- 


f. 


110 

S^^^JSiiJS:  *^  ^^  *'«"*™*  '''^  -  in«ieq»a"te  fort; 
^.  tW  &»lli%l«lr  0«.  .r*l  WHH«,  Hall  |,irlag  reason  to  kno.  or 

^ Tte  ^BotfU*  tekl  Brtg«dierO«ii«»l  WlHiam  Hall  gu.ity  of  tld 
11«#^urttnelra%0HM«lto  iiteet<04ttl#ro«r  mwrtw  .t  10  o'elook. 

^^'1^  ''*^  ^^'•'  <'••«'"'  ^^"''«»  HaH-H«dXZ 

*4|^SSi?*n*^  **^  ^'  1814-tlie court  met  p«BWHt,|*iul. 

n        ,   ..    '  ""   '"  ''''Ma«*'H'r!t#;m«*»'\ -k^,• 

P^^>9«nt  all  the  members.  ,  , 

llfMk^^Ife  cotiPt  tbeo  adjounwd'sine  die.       ,,,»,„,  X^-. - 
-s«. Hi  »e«it<mii  major  general,  ppejkfcnt  of  the  eoftrt 
t'^MiVim  Bedren,  special  judge  advocate:    '  .? :  ,, 
PbUlp  S.  Palter,  aritiy  judge  advocate. 

- 'i^lSi^  '*'tr?*  ''*"'**"^  rfthe  coatt  is  appwed^^nd  the  eu* 
cutkm  of  it  remitted. 

(Sigiiear)  ^  MMESMAOISON. 

•«y  dipeetiodaof  theeeurt  martiaJ  the  president  g^ve  the  follewfag 
dlrectioos  to  General  Quii. 

•      ou^^r  Albaay,  March.  ^,1814f 

_^Mfetf  will  please  to  retoro*,  your  wwal  piaee  of  residence  in 
^^^!?f"'~*''^**'*^  **"""**  «mttt:yQii  rtjRli  receive  orders  &om 
HhiipNjldeatof  the  United  States,    Your  humble  servant. 

<SI|hed,)  JH.  DE4iBB0R^^,  major  genera), 

_  ,    ^  Pf«s»deot  of  the  court. 

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